Community Corrections Order for Fail to Answer Bail

This is a case study on a sentence of Community Corrections Order for Fail to Answer Bail.

What is alleged to have occured?
Our client was charged with a huge deception offence ($56,000) against their employer by lodging false time sheets during the operational period of a suspended sentence. This meant that unless we are able to establish exceptional circumstances, then our client would have the 3-month suspended sentence reinstated and would likely lose their new employment.

What happened at court?
We provided legal representation for the client at the Sunshine Magistrates’ Court on a charge of Fail to Answer Bail.

The matter proceeded on a plea of guilty. Through a combination of thorough preparation (the collation of numerous character references) and persuasive advocacy, We were able to demonstrate to the magistrate that the client was now a completely different person from the person who committed the offences a number of years ago.

What was the result?
After hearing the summaries and submissions made on the client’s behalf, we were eventually able to persuade the magistrate that the client had successfully rehabilitated themselves and should not be sentenced to prison. The client ultimately received a Community Corrections Order for Fail to Answer Bail, did not have to serve any period of imprisonment, and was able to continue with their employment.

Elements of Fail to Answer Bail:
  • The accused was previously released on bail.
  • The accused then failed without reasonable cause, the proof whereof lies upon them, to attend in accordance with their undertaking of bail and surrender themselves into custody
Related case studies
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 16/04/2019