Case study: Client avoids jail after fifth offence

Posted by Justin Wong on 14 January 2019

In a recent matter, one of Maxine Malaney’s clients avoided jail in a serious case. The man had been charged with his fifth criminal offence within the past year. In doing so, he breached four section 9 bonds.

The offence with which he was charged, drive whilst disqualified, carries a maximum penalty of 12 months in jail and/or a fine of $5500, along with a mandatory period of disqualification from driving.

Maxine advised the client that to avoid jail, he would need to gather strong subjective material to counteract the seriousness of the charge. On the day of sentence, Maxine tendered a large bundle of material in the client’s favour, including an expert psychological report. Maxine argued that considering the new information now before the court, the client deserved some leniency.

Ultimately, the Magistrate agreed with Maxine and sentenced the client to a Community Corrections Order, with a condition that he complete a very small amount of community service. The Magistrate also accepted Maxine’s argument that no action should be taken on the four breaches of section 9 bonds. He was given only a short period of disqualification from driving.

As a result, the client avoided jail altogether and was able to move forward with his life.