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Drive Whilst License Suspended – Suspended Sentence

Our client was charged with 2 offences of drive whilst license suspended. One offence occurred during the operational period of the suspended sentence, the other just before the suspended sentence was imposed. The client faced the prospect of imprisonment for 1 month on the breach of suspended sentence unless exceptional circumstances were established.

Court of Appeal cases have long demonstrated that it is difficult to establish exceptional circumstances to avoid restoration of a suspended term of imprisonment upon breach by further offending.

The client had several priors for the same offences.

Shaun Pascoe represented our client at the Heidelberg Magistrates’ Court.

It was successfully argued that there were exceptional circumstances regarding a combination of factors that had arisen after the imposition of the suspended sentence, namely: stable employment, stable accommodation, compliance with a treatment regime (for drug use), recent legislative changes (removal of mandatory imprisonment for a 2nd drive whilst license suspended offence), the reinstatement of license (thus reducing likelihood of further offending).

No action was taken with respect to the breach of suspended sentence, the suspended sentence was confirmed as still active. For the offences, our client received a 2 month sentence, wholly suspended over 2 years.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

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