Exceed PCA 49(1)(f) – CCO

This is a case study on a successful sentence appeal for a drink driving charge which resulted in a Community Correction Order.

What is alleged to have occured?
Our client was originally charged for drink driving after having been found with a blood alcohol concentration of 0.180. He was represented by other lawyers at the time and was sentenced at the Magistrates’ Court to 4 months imprisonment, 2 months of which will have to be served and the other 2 months to be suspended for 2 years. Our client wanted to avoid a term of imprisonment. He approached our firm for assistance so he could make an appeal against the term of imprisonment imposed.

What happened at court?
We acted on the client’s behalf during the appeal at the Melbourne County Court.

We were able to prove to the court that our client was actually suffering from mental health issues and alcohol dependency. This submission was supported by a psychological report for our client which we had obtained. Given these circumstances, the judge saw the need for our client to be given a chance at rehabilitation. He adjourned the case to allow our client to undergo residential rehabilitation and to eventually prove our client’s commitment to stopping his alcohol dependency.

Our client completed rehabilitation treatment at the Malvern Private Hospital.

What was the result?
The court ultimately imposed a Community Corrections Order for 12 months with no community work condition. With this sentence, our client could continue treatment and be supervised in the community.
 
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