This case study involves a recent case where our client pleaded guilty to various offences (property offences, drug offences, and traffic offences) and received a Community Corrections Order.
Charges
Theft of a motor vehicle x2;
Retention of stolen goods;
Drive whilst disqualified x2;
Reckless conduct endanger life;
Enter a private place without lawful excuse;
Possess methylamphetamine;
Traffick Cannabis;
Possess Cannabis;
Drive whilst exceeding P.C.D;
Fail oral fluid test within 3 hours of driving;
Contravene a conduct condition of bail; and
Commit indictable offence whilst on bail
Contravene a Community Correction Order
Court
Broadmeadows Magistrates’ Court – July 2024.
Summary of Facts
For previous offending our client received a Community Corrections Order, combined with a term of imprisonment (8 months). Upon her release from prison, she re-offended and was remanded back into custody.
Our office was successful in a bail application where we linked her in to the Court Integrated Bail Support Program.
The alleged facts of the traffic offences were that our client was driving a stolen car at speeds of up to 150km/hr in a 60 zone, and at times her vehicle had veered onto the opposite side of the road facing oncoming traffic.
It was also alleged that our client had attempted to evade police by driving at that speed.
Our client hit a telephone pole, and then attempted to run from her car to evade police. She was located by police in a property not far from the car she was driving. Subsequent testing revealed she had consumed methylamphetamine before driving.
The car was also searched and police investigators found a quantity of cannabis. Her mobile phone was also seized from her car and upon a forensic examination of that phone communication indicative of selling drugs was also found. Other charges related to further items found in her car.
Police also alleged that our client had stolen two motor vehicles on two prior occasions.
What Happened at Court?
Our client faced a very strong prosecution case and our advice to her was to resolve her case by entering a plea of guilty.
The fact that she had demonstrated her commitment to cease using drugs (because of several months of clean drug screens) on the bail support program operated as a powerful factor in the mitigation of penalty.
All offending including a Breach of Community Corrections Order proceeded as a plea of guilty and following detailed submissions our client was assessed by Community Corrections and found suitable.
Court Outcome
We urged the presiding Magistrate to consider a further CCO for all offences (including the Breach of CCO) and these submissions were accepted.
Our client was sentenced with conviction to an 18-month Community Correction Order, with treatment and unpaid community work conditions. Her license was also disqualified for 12 months.
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