Client was suspended as a result of an earlier speeding infringement. In 2004 had attended Court and was sentenced (fines imposed) for 3 offences of drive whilst license suspended.
Under the Road Safety Act, it is mandatory for the Court to impose imprisonment, however the Magistrate has some discretion as to how it is served. The court can order immediate imprisonment, wholly suspend the sentence, or order that the imprisonment be served in the community as an Intensive Corrections Order. The offence before the court constituted the client’s 4 appearance for drive whilst license suspended.
Overall, the charges our client was facing were:
- Drive whilst license suspended
- Fail to wear seat belt
- Drive unregistered motor vehicle
The long period between the last batch of offences was emphasized before the Magistrate, the client’s good working history, and the likelihood that he would lose his employment if his license was suspended was also highlighted.
Relevant to the Magistrate’s decision, was also the fact that our client had not been previously sentenced to any form of imprisonment (he had not previously received a suspended sentence, intensive corrections order, or immediate custody order).
Also relevant was the long period between the last batch of offences (2004) and the current offences (2010). The Magistrate also took note of our client’s good working history, and the likelihood that he would lose his employment if his license was suspended or he was incarcerated.
Upon entering a plea of guilty to the charges before the Court, the Magistrate imposed a fine of $400 (for offences of fail to wear seat belt, drive unregistered motor vehicle). A wholly suspended sentence was ordered for the offence of drive whilst license suspended (1 month over 12 months).
No orders were made against our client’s driver’s license.
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. You can also find him on Google+.
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