Treatment-Only Community Corrections Order for Multiple Criminal Offences
Our client had 12 charges on a consolidated plea hearing. These charges included Theft, Possession of Dangerous Article, Theft From Motor Vehicle, and Handle Stolen Goods. The offending was committed while the client was heavily intoxicated and while in possession of an axe.
Hester Kelly represented the client at the Melbourne Magistrates’ Court. Overall, the list of charges included:
- Criminal Damage
- Dealing With Property Suspected of Being Proceeds of Crime
- Go Equipped to Steal
- Possess House Breaking Implements
- Possess Controlled Weapon
- Drunk and Disorderly
- Handle Stolen Goods
This client struggles with alcoholism and has a significant criminal record. For the last 17 years, he has appeared before the Court almost every year and received a prison sentence each time. On this case, he was again at risk of receiving a custodial sentence – based on the fact that he continually re-offends in the same manner, the seriousness of offending, and his lengthy criminal record.
Submissions were made to the Magistrate in terms of prison not working for this particular client and, hence, the need to address the root cause of the offending behaviour (alcohol issues). We also highlighted the fact that the client had now spent some time in the community, offence-free, and had not had the opportunity of a CCO since 1999.
The magistrate ultimately agreed with our submissions and placed the client on a 9-month treatment-only Community Corrections Order which basically includes only treatment and rehabilitation for substance and alcohol use.
Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.
Visit this page to know more about Hester.
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 20/01/2017