Breach ICO, Drug Offences Appeal to the County Court

Shaun Pascoe, who is based in Doogue + George – Heidelberg office, appeared for the client’s appeal in the Melbourne County Court, concerning a sentence imposed by the Broadmeadows Magistrates Court.

The client had received a total effective sentence of 10 months imprisonment. This period included 165 days for the Breach of Intensive Corrections Order to be served cumulatively upon 6 months imprisonment for various drug offences, minus 86 days pre-sentence detention.

Overall, the charges he faced were:

On appeal, Shaun successfully argued that because of his client’s insubstantial criminal history and the period of time on remand awaiting sentence, that if all sentences were to run concurrent with the Breach of ICO, it would reflect the criminality of his actions.

The County Court Judge accepted this argument. Accordingly, the client’s sentence was reduced by 6 months and taking into account the period on remand prior to the County Court hearing (his client was denied appeal bail), he only had to serve a few more weeks before being eligible for release – a period 6 months earlier than would have been the case had the Magistrate’s sentencing order remained.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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 25/02/2013