Breaching County Court CCO

Melbourne County CourtThis is a case study on breaching a County Court CCO involving an accused with exceptional and compassionate circumstances.

Our client had a very long criminal history comprising mainly of driving offences. He received a prison sentence for new driving charges in the Magistrates Court and appealed to the County Court. This appeal was granted, and he received a 2-year Community Corrections Order (CCO) with 200 hours of community work.

The client did not complete this CCO due to drug addiction and family issues. A charge of Contravening the CCO was filed. He then approached our firm and asked for assistance. He knew that he was facing a possible jail time because he had breached his CCO.

The case was heard at the Melbourne County Court and Jessica Clothier provided legal representation for the client. The other charges were:

Jessica prepared the client’s breach hearing. She recognised immediately that even though this is a case of breaching a County Court CCO, the accused involved is highly vulnerable and that this needed to be conveyed to the judge. Since his CCO had expired, our client had been severely electrocuted. This electrocution resulted in amputation of both lower limbs and extensive nerve damage. The client also had a cognitive impairment.

Medical materials were put together and Jessica researched the client’s background as well. She discovered further compassionate circumstances – namely, the client’s separation from his partner and the death of his mother.

Next, Sam Cooper appeared for the client. Sam put together powerful written submissions which highlighted the client’s exceptional circumstances. His attention to detail enabled the judge to fully understand the client’s difficult background and his current suffering.

Sam then advocated for the client in court, and explained why the client would suffer in jail and would not be able to do any further work hours. The judge accepted these submissions and cancelled the client’s CCO. No further order was made.

This was an extraordinary result for our client, as people are usually sent to jail for breaching a County Court CCO. Instead, our client was finished with the criminal justice system and could start his life again. He was grateful that his lawyers listened to him, prepared his matter carefully and powerfully
advocated for him in court.
 

Elements of Contravening CCO:

  • The accused was subject to a Community Corrections Order;
  • The accused contravened the order; and
  • The accused had no reasonable excuse for contravening the order.

 
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Jessica ClothierJessica Clothier

Jessica works from our Sunshine office and regularly handles cases at the Sunshine Magistrates' Court. She also represents clients at other Melbourne courts to ensure their right to a fair trial and the best possible outcome. Jessica has always been a fearless advocate and her skills in criminal law are acknowledged as early as during her university years.

Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.

Click here to know more about Jessica's background.
 


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 06/08/2019