Drive Whilst Disqualified, Breach of Suspended Sentence

The accused had two prior convictions for driving whilst disqualified, where he was placed on a 12 month suspended sentence. During the operational period of the suspended sentence order, he committed the further offence of driving whilst disqualified, thereby breaching the order and making him liable to serve two months in custody unless he established exceptional circumstances.

At the time of the further offending, the accused was in a dire financial situation. He had been forced to sell his house and four out of five of his businesses to avoid bankruptcy. As a result, his brothers, who had been working in these businesses, were laid off.

We represented the client at the Sunshine Magistrates’ Court.

The Magistrate imposed an Intensive Corrections Order (ICO) and the suspended sentence was extended. No order was made against our client’s licence.

 


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 25/02/2013