Exceed PCA 49(1)(f) and 49(1)(b) – CCO

This is a case study on Exceed PCA charges resulting in a Community Corrections Order.

What is alleged to have occured?
Our client got into an accident while driving a vehicle. He was found to have a blood alcohol concentration (BAC) of 0.166% and was eventually charged with:

  • Exceed PCA 49(1)(f)
  • Exceed PCA 49(1)(b)
No one suffered injuries as a result of the accident but our client’s vehicle was greatly damaged.

A term of imprisonment was a likely penalty in our client’s case. This was his third drink driving charge and the last two were committed within the last 10 years. It must be noted that a second drink driving offence may result in a 12-month imprisonment if committed within the preceding 10 years. If it’s a third offence, and if the BAC exceeds 0.15%, the term of imprisonment could be as much as 18 months.

What happened at court?
We represented the client at the Heidelberg Magistrates’ Court. The submission made to the court focused on the emotional stressors our client was under at the time of the offending. His previous good character was also given emphasis, especially his co-operation with the police following the accident and the eventual charge.

What was the result?
The magistrate was convinced that a Community Corrections Order was an appropriate penalty considering our client’s circumstances, along with a licence cancellation and disqualification effective for 38 months.
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 20/03/2020