Breach CCO – Financial Penalty

This is a case of Breach CCO resulting in a financial penalty.

What is alleged to have occured?
Our client was placed on a 2-year Community Correction Order (CCO) by the County Court after pleading guilty to 5 charges of Burglary and 4 charges of Theft and Handling Stolen Goods. The order had conditions that he must complete 300 hours of unpaid community work, be supervised by Corrections, and engage in treatment for drug abuse.

In the months before our client was due to finish the CCO, he was charged and ultimately pleaded guilty to a charge of Burglary and Theft. Corrections listed a breach in the County Court on the basis that he had breached his order by committing further offences, and that he had not completed his community work hours and had incurred 65 unacceptable absences throughout the 2-year period.

What happened at court?
We acted on the client’s behalf at the Melbourne County Court for the charge of Breach CCO.

The breach report was reviewed in detail and written submissions were prepared. We highlighted the fact that our client had completed the overwhelming majority of his unpaid community work hours and that the absences had also not stopped him from finishing his drug treatment and counselling. We argued that our clients circumstances had materially changed since the order was imposed, as he had started full time employment.

We also submitted that although it was serious that he had committed similar offences whilst on the CCO, that it was still a de-escalation when compared with the original offences. Character reference material was also provided to the court.

What was the result?
The judge was persuaded by our written and oral submissions not to adopt the course recommended by Corrections, which was to cancel the CCO and re-sentence our client on the original offending. Instead, the judge adopted the course that we had asked for, that the order simply be confirmed (as it had since expired) and to impose a financial penalty in relation to the breach.

Given the circumstances of this case, a Breach of CCO resulting in a financial penalty is an excellent outcome. Our client walked in facing the prospect of an immediate term of imprisonment but instead walked away with a $750 fine which he paid on the spot.

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 23/02/2018