This is a case study on a second breach of County Court CCO resulting in a fine and cancellation of the Community Corrections Order.
What is alleged to have occured?
Our client had contravened his Community Corrections Order because of non-compliance and further offending. To add to his troubles, the corrections order had been issued in the County Court and so stakes were high. It was his second breach for exactly the same reasons which made matters worse.
Court orders are treated serious by the courts because they are the ones who issue them. A court order such as a Community Corrections Order is seen as an opportunity for someone to prove themselves to a judge or a magistrate. The client was looking at a term of imprisonment unless his story was told in the right way.
What happened at court?
We provided legal representation for the client at the Melbourne County Court on a charge of Breach CCO.
Straight off the bat, the judge was not impressed. She informed us that a reasonable explanation was vital as she felt that a term of imprisonment was appropriate for a second breach of County Court CCO. We knew that the client’s reasons alone were not enough to convince the judge. However we also knew that the client had a story to tell.
First, we had to get the judge’s back on his side. We explained that there were some instances where our client had made some attempts at his order. He then spoke about the positive aspects of the client and the latter’s endeavours – like attempts at private rehabilitation for drug use and his continued attempts to find work.
The client had suffered a shocking hand injury recently however this was not really related to the hearing because it had occurred after he had been charged for his non-compliance. But we adeptly made submissions intended to impress the judge. We described how despite not having full movement at the back of the client’s hand, he had still been attempting to do his manual labour work.
What was the result?
The judge couldn’t believe it. She was sure that she would be sentencing the client to jail for this second breach of County Court CCO. But in the end, she decided to cancel the corrections order and to fine the client a small amount instead.
Elements of Breach CCO:
What is alleged to have occured?
Our client had contravened his Community Corrections Order because of non-compliance and further offending. To add to his troubles, the corrections order had been issued in the County Court and so stakes were high. It was his second breach for exactly the same reasons which made matters worse.
Court orders are treated serious by the courts because they are the ones who issue them. A court order such as a Community Corrections Order is seen as an opportunity for someone to prove themselves to a judge or a magistrate. The client was looking at a term of imprisonment unless his story was told in the right way.
What happened at court?
We provided legal representation for the client at the Melbourne County Court on a charge of Breach CCO.
Straight off the bat, the judge was not impressed. She informed us that a reasonable explanation was vital as she felt that a term of imprisonment was appropriate for a second breach of County Court CCO. We knew that the client’s reasons alone were not enough to convince the judge. However we also knew that the client had a story to tell.
First, we had to get the judge’s back on his side. We explained that there were some instances where our client had made some attempts at his order. He then spoke about the positive aspects of the client and the latter’s endeavours – like attempts at private rehabilitation for drug use and his continued attempts to find work.
The client had suffered a shocking hand injury recently however this was not really related to the hearing because it had occurred after he had been charged for his non-compliance. But we adeptly made submissions intended to impress the judge. We described how despite not having full movement at the back of the client’s hand, he had still been attempting to do his manual labour work.
What was the result?
The judge couldn’t believe it. She was sure that she would be sentencing the client to jail for this second breach of County Court CCO. But in the end, she decided to cancel the corrections order and to fine the client a small amount instead.
Elements of Breach CCO:
- 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.
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 25/09/2019
