Breach CCO – Second Time

This is a case study on Breach CCO committed for the second time.
Our client received a Community Corrections Order (CCO) for various drug-related offences. He then breached this order through lack of compliance. It was brought back to the Magistrates’ Court and his Honour imposed a second CCO.

The client then breached this second CCO, again through lack of compliance. He was charged with another breach. He was facing likely imprisonment because he had been given a second chance and hadn’t complied again.
 
We represented the client at the Werribee Magistrates’ Corrections for the offence of Breach CCO.

We made submissions on behalf of the client and urged his Honour not to impose a term of imprisonment. We highlighted the fact that the client had not breached his CCO through reoffending, but had breached through lack of compliance.

The reason he had not complied was due to being in a car accident and breaking his leg, and being unable to get to his appointments. He also had neurosurgery, which affected his ability to comply. These were exceptional circumstances which we had submitted and which warranted the imposition of a third CCO.
 
His Honour imposed a third CCO, and explained that it was the last chance the client would have to show that he deserved to stay in the community. This was a fantastic result for a case of Breach CCO committed for the second time. The client was very relieved that he could stay in the community to look after his family.
 
Elements of Breach CCO:

  • The accused is subject to a Community Correction Order;
  • The accused breached the order; and
  • The accused had no reasonable excuse for breaching the order.


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 18/12/2018