Deferral of Sentence for Breach CCO and Theft

This is a case study on a deferral of sentence for Breach CCO and Theft charges.

What is alleged to have occured?
Our client had breached her Community Corrections Order (CCO) for a second time due to non-compliance. There had also been further offending in the same period and these matters were being heard together. She had well and truly used up her second chance and it was was going to be very difficult to avoid jail time.

The client had also performed very poorly over the course of her Community Corrections Order. She didn’t attend appointments and didn’t complete any of her community work hours. Her offending was clearly an escalation. She had been given a chance to remain in the community in order to manage and accept responsibility for her drug problem – but it didn’t look like this was happening.

Further, the client was allegedly sneaking into apartment buildings and stealing expensive bikes to sell in order to raise money for drugs. Not only that, she was being disrespectful in her police interview when they showed her CCTV vision. One comment on record was “Who’s that good looking Rooster?”. Magistrates are less and less sympathetic if there is a poor attitude evidenced through non-compliance to a court order.

What happened at court?
The case was heard at the Melbourne Magistrates’ Court and we represented the client on a charge of Theft. For this particular case, a deferral of sentence for Breach CCO and Theft charges was ultimately imposed.

We spent a considerable amount of time with his client to truly understand her current personal situation. In doing this, we discovered that she wasn’t completing her order because her mother was unwell with cancer. We found out that she was attempting to complete her corrections order while travelling back and forth from country Victoria to take her mother to and from her various appointments relating to her illness.

It was also found out that the client would see her son in the spare time she had but was also managing escalating drug use. All this while she didn’t have any stable accommodation. There was no denying that she was in a really difficult personal situation. It was important that her story be told in a way that would convince the magistrate that she was worthy of another opportunity even though there had been serious offending.

What was the result?
We ultimately convinced the magistrate to defer the client’s sentence on the new offending for 4 months. This would allow the magistrate to re-assess the situation after the client is allowed further opportunity to comply with her order. This deferral of sentence for Breach CCO and Theft charges is an excellent outcome. If the client uses the opportunity, then we will have created a great chance to receive a favourable result from the magistrate.

Elements of Breach Community Corrections Order (CCO):
  • The accused was subject to a Community Corrections Order.
  • The accused contravened the order.
  • The accused had no reasonable excuse for contravening the order.
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 12/09/2019