Sentence Appeal for Breach of a Suspended Sentence
Our client had been represented by Victoria Legal Aid in the Sunshine Magistrates’ Court where he had been sentenced to 45 days imprisonment and been disqualified from driving for 12 months. He had pleaded guilty to three new police matters all of which breached a suspended sentence of 45 days imprisonment. The client had filed an appeal against that sentence and wanted us to represent him at the hearing of his appeal in the County Court of Victoria.
We acted on the client’s behalf at the County Court during the appeal. The charges involved were:
- Driving When Directed to Stop By Police
- Drive Unlicensed
- Drive Unregistered Motor Vehicle
- Rider Fail to Wear Motor Bike Helmet
- Breach Alcohol Interlock Condition
- Drive Disqualified
- Breach Suspended Sentence
To avoid the imposition of the suspended sentence of 45 days imprisonment, we had to satisfy the judge that exceptional circumstances had arisen since that sentence was imposed. It successfully established with the judge that exceptional circumstances existed by making submissions about the exceptional financial hardship that would be caused to the client’s family if he was incarcerated: that incarceration would mean that he would lose his job, and that he played an important role in maintaining the good mental health of his younger siblings.
His Honour ultimately found that exceptional circumstances existed and set aside the order of the Magistrates’ Court. He imposed an 18-month Community Corrections Order with 100 hours of unpaid community work.
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 01/02/2016