Breach of Suspended Sentence, Appeal to the County Court

Shaun Pascoe, who is an accredited criminal law specialist and runs our Doogue + George – Heidelberg office, was briefed to appear in an appeal in the Melbourne County Court.

The appeal concerned a Magistrate’s decision to restore a suspended sentence. The law provides that exceptional circumstances must be established to avoid the restoration of a suspended sentence.

By ordering the restoration of the suspended sentence, Shaun’s client was required to serve several months in custody.

The charges involved are:

Shaun successfully argued on appeal before the County Court that exceptional circumstances had arisen since the date the suspended sentence was imposed, and accordingly the Magistrates order was set aside, and the term of the suspended sentence extended.


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