Drive Whilst Suspended, Breach Suspended Sentence – CCO

Our client was charged with Driving whilst suspended. This offence breached a suspended jail term for an identical offence less than 12 months earlier. He had 4 relevant prior offences in the last 6 years.

We represented the client at the Sunshine Magistrates’ Court.

Submissions were able to be made about the context of the offending and an expert psychological report was obtained to rely on personal factors impacting on his decision making at the time. As a result, the Court found that exceptional circumstances existed and did not re-impose the suspended sentence.

On the new offending, the Court placed him on a Community Corrections Order to receive treatment rather than imposing an immediate jail term which it otherwise would have.

 


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