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Case Study: Jail sentence avoided for drink driving on appeal

Principal Lawyer, Justin Wong appeared in the District Court for our client who had been sentenced in the Local Court to jail for 9 months for High Range Drink Driving....

Janelle Tarabay

Principal Lawyer, Justin Wong appeared in the District Court for our client who had been sentenced in the Local Court to jail for 9 months for High Range Drink Driving. On his behalf, we successfully appealed that sentence to the District Court, and he ultimately received a Community Service Order.

This was our clients fourth drink driving offence, and the second within three months. In the Local Court, the Magistrate was of the view that full-time imprisonment was the only appropriate sentence.

Like all people sentenced in the Local Court of NSW, our client had a right of appeal against the severity of that sentence to the District Court. He approached us after being sentenced in the Local Court, and we lodged the appeal on his behalf.

When the matter was heard in the District Court, the Judge took into account the substantial steps he had taken to rehabilitate and address his alcohol issues since the Local Court offence, the seriousness of the offence, his supporting family, and genuine remorse. Having considered all of those factors, the sentencing Judge was of the view that a more appropriate sentence was community service rather than full-time jail.

Not surprisingly, our client was extremely relieved.

An appeal against the severity of sentence in the District Court is a re-hearing. This means that a Judge in the District Court hears the matter afresh, and makes their own determination about the appropriate sentence. New evidence not relied on in the Local Court can be tendered.

Appeals to the District Court have strict time limits, and generally an appeal must be lodged within 28 days of the Local Court sentence.

Photo by Guilgerme Rossi