Renzella Time in a Case of Breach Community Corrections Order

This is a case study involving the use of Renzella time on a charge of Breach Community Corrections Order (CCO).

What is alleged to have occured?
Our client was charged with breaching a Community Corrections Order (CCO) for not completing his community work hours and for committing further offending during the operational period of the CCO. At the Magistrates’ Court hearing, the client was sentenced to a term of imprisonment. The client immediately appealed the sentence and engaged our firm to act on his behalf at his County Court appeal.

What happened at court?
We took carriage of the matter and prepared the matter for appeal and appeared as counsel at the client’s appeal hearing which took place at the Melbourne County Court.

On appeal, the Magistrates’ Court order was set aside and our client was ordered to pay a $1,000 fine. This was a fantastic result for our client. He was able to avoid going to prison and having a prison sentence appear on his criminal record.

We achieved this result through discussions with the client and careful analysis of the client’s previous criminal record. We were able to determine that a rarely used legal principle called Renzella time was potentially relevant in our client’s case. We prepared written submissions on this point and filed them with the court ahead of the appeal hearing.

Oral submissions were made on Renzella time and how it applies in this case of Breach Community Corrections Order. Our client’s personal circumstances at the appeal hearing were also discussed at court.

What was the result?
The presiding judge was persuaded that Renzella time was relevant in our client’s case. After hearing the submissions, her Honour granted the appeal. She then set aside the Magistrates’ Court orders and cancelled the client’s CCO, then sentenced the client to a $1,000 fine.

Elements of Breach Community Corrections Order:
  • The accused was subject to a Community Corrections Order;
  • The accused contravened the order; and
  • The accused had no reasonable excuse for contravening the order.
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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 20/05/2019