Deferring a Sentence for Exceed PC Drugs
This is a case of deferring a sentence for Exceed PC Drugs charges.
Our client was charged with drug driving (section 49.1.BB) of the Road Safety Act 1986 (VIC). He ran his own business and it was his fourth occasion of an offence involving alcohol or drugs. Other than the presence of an illicit drug in his body at the time of driving and testing, there were no other aggravating features of the offending (speeding, dangerous driving, using a mobile phone, etc.). There was also no suggestion by the police that he was impaired by the quantity of drug that was found in his system at the relevant time.
The client was cooperative with the police at the time his vehicle was intercepted, as well as during the subsequent testing for drugs and alcohol.
Shaun Pascoe acted on the client’s behalf at the Heidelberg Magistrates’ Court. The charges were:
- Exceed PC Drugs
- Exceed PC Drugs – 49(1)(h)
Because of our client’s previous history for driving offences, two possible sentencing outcomes were within range. The first, a term of imprisonment to be served; and the 2nd, a Community Corrections Order with punitive (unpaid community work) and rehabilitative conditions (drug and alcohol counselling).
In preparing our client for his hearing, he was encouraged to participate in counselling for his drug use at the earliest opportunity. He was also advised to obtain several drug screens to show that he had stopped using drugs.
At the hearing, submissions were made to allow our client to continue receiving drug counselling so as to further his rehabilitation. To this end, the court agreed to deferring the sentence for Exceed PC Drugs charges with a requirement that our client provide evidence of his continued drug counselling. On the return date at some 8 weeks later, further material was provided to the court including evidence of continued drug counselling and clean drug screens.
On the basis of all the material shown to the court, the magistrate was persuaded not to impose more onerous sentencing outcomes such as imprisonment or a Community Corrections Order. A fine of $1,500 was ultimately deemed appropriate considering all circumstances. The magistrate was further persuaded not to exceed the minimum period of disqualification of 6 months.
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 05/12/2017