Our client was charged with Breach Community Corrections Order (CCO) and Contravene Intervention Order. The prosecution for Breach CCO was brought on the basis of failure to comply with conditions of the order, and for the commission of an offence (the Contravene Intervention Order) which occurred during the currency of the CCO.
What is alleged to have occured?
The Contravention of Intervention Order case concerned an objectively minor breach where our client had attended the home of the protected person alcohol-affected. It was a condition of the Intervention Order that he not attend the protected person’s home alcohol-affected. Our client, although having a somewhat limited criminal history, had a long history of alcohol dependence. All of the offences had occurred against a background of being intoxicated at the time of the offending.
In reference to the Community Corrections Order, the client was alleged to have failed to comply with numerous appointments to attend for alcohol and drug treatment as directed by the Office of Community Corrections. The bulk of the failures to comply with directions and to attend appointments occurred during the first 4 months of the order.
What happened at court?
We represented the client at the Heidelberg Magistrates’ Court on the charge of Contravene Family Violence Intervention Order.
Submissions were made as to the matter being an objectively minor instance of a contravention for offences of this type. Submissions were also made as to the lack of prior offending of this nature. The court took account of these matters.
For the offence of Breach Community Corrections Order, the court varied the order and instructed that our client complete the original rehabilitative conditions that were in place on the original order. Submissions were made to the court indicating that our client had in fact complied with other aspects of the order such as completion of the unpaid community work. The court was also informed that the last 6 months of the order had shown significant resolve to address his alcohol dependence through the completion of a residential detox program. An impressive character testimonial was also tendered from a neighbour who had been assisting our client. This reference spoke of the difficulties our client has faced from an early age and his determination to get better.
What was the result?
For the offence of Contravene Intervention Order, our client received a fine of $300 and was given 3 months to pay this fine.
This was a good outcome for a case of Breach CCO and Contravene Intervention Order. The client will receive no prison term and, more importantly, will continue to receive rehabilitative treatment for his alcohol issues.
What is alleged to have occured?
The Contravention of Intervention Order case concerned an objectively minor breach where our client had attended the home of the protected person alcohol-affected. It was a condition of the Intervention Order that he not attend the protected person’s home alcohol-affected. Our client, although having a somewhat limited criminal history, had a long history of alcohol dependence. All of the offences had occurred against a background of being intoxicated at the time of the offending.
In reference to the Community Corrections Order, the client was alleged to have failed to comply with numerous appointments to attend for alcohol and drug treatment as directed by the Office of Community Corrections. The bulk of the failures to comply with directions and to attend appointments occurred during the first 4 months of the order.
What happened at court?
We represented the client at the Heidelberg Magistrates’ Court on the charge of Contravene Family Violence Intervention Order.
Submissions were made as to the matter being an objectively minor instance of a contravention for offences of this type. Submissions were also made as to the lack of prior offending of this nature. The court took account of these matters.
For the offence of Breach Community Corrections Order, the court varied the order and instructed that our client complete the original rehabilitative conditions that were in place on the original order. Submissions were made to the court indicating that our client had in fact complied with other aspects of the order such as completion of the unpaid community work. The court was also informed that the last 6 months of the order had shown significant resolve to address his alcohol dependence through the completion of a residential detox program. An impressive character testimonial was also tendered from a neighbour who had been assisting our client. This reference spoke of the difficulties our client has faced from an early age and his determination to get better.
What was the result?
For the offence of Contravene Intervention Order, our client received a fine of $300 and was given 3 months to pay this fine.
This was a good outcome for a case of Breach CCO and Contravene Intervention Order. The client will receive no prison term and, more importantly, will continue to receive rehabilitative treatment for his alcohol issues.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 23/11/2017
