Breach of Intensive Correction Order (ICO)

The client was a 24-year-old who had been charged by Community Corrections with breaching his Intensive Correction Order (ICO). He had not breached the order by reoffending, but had failed to comply with the conditions of the Order.

He had seriously injured his shoulder while performing unpaid community work as part of the Order, and had approached the Office of Corrections with a view to varying his Order. He had a medical certificate from his doctor confirming the injury.

After meeting with his supervisor at Corrections, the client was told that Corrections would organise the variation application and so the client did nothing about it. Instead, Corrections instituted breach proceedings for non-compliance.

The matter went back to the Magistrates’ Court, the ICO was cancelled and the client was sentenced to 4 months’ imprisonment, to be immediately served. He appealed against the severity of the sentence and we represented him at the Melbourne County Court.

The County Court allowed the Appeal against sentence and struck out the orders made by the Magistrates’ Court. They imposed another ICO of 120 days, which was the amount left on the Order.

The accused was extremely happy with being allowed to serve his gaol sentence in the community, and sent an email to express his gratitude.

 


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