Dismissing Contravene CCO Charges

Melbourne County CourtThis is a case study on dismissing Contravene CCO charges.

Our client faced Contravene Community Correction Order (CCO) proceedings in the County Court. He had been found guilty of three Armed Robberies as a young man. He had served a period of imprisonment and was then released on two 2-year Community Corrections Orders in relation to the offences. Since his release from custody, he had obtained full-time employment and had enjoyed the birth of his first child with his long term partner.

While the client was doing well in his personal life, he had failed to prioritise his obligations under the CCOs. He had breached both orders by non-attendance at supervision and treatment appointments, and had completed a fraction of the required community work hours.

Kate Da Costa acted on the client’s behalf at the Melbourne County Court on two charges of Breach CCO.

Given the seriousness of the original offending and that the client had already been given an opportunity in the community, his Honour indicated his view at the outset of the hearing that a sentence of imprisonment was warranted.

Typically, a Contravene CCO report from Corrections only lists the dates when the client has not attended for supervision, treatment, or community work as required. However, a judge must take into account not only the failures but also the overall level of compliance of the defendant. Accordingly, provision of a list of all dates when our client had attended for appointments was requested from Corrections prior to the court date. When received, this demonstrated that the client had in fact attended many more appointments than he had missed. This assisted with the submission that while our client’s progress had been slow, there had been progress, and that he should be given another opportunity in the community.

To further the submissions, oral evidence was also presented on our client’s behalf at the hearing by our client’s grandfather and partner, who each attested to our client’s full time work commitments and his changed outlook on life since the birth of his daughter. Preparation and persuasive submissions resulted in a positive outcome.

Ultimately, with respect to both CCOs, his Honour ordered that our client complete a significantly reduced total number of hours of community work. The client was not required to attend for further supervision and treatment. This was a good result especially that dismissing the Contravene CCO charges was the final sentence imposed.

 


Kate Da CostaKate Da Costa

Kate is one of our senior associates and is part of our Sunshine team. She regularly represents clients at the Sunshine Magistrates' Court for various criminal legal issues.

Admitted to legal practice in 2002, Kate has since been working exclusively in the field of criminal law. She has experience in all Victorian criminal law jurisdictions including in the High Court of Australia.

Know more about Kate by reading her profile here.
 


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 20/07/2018