Driving Whilst Suspended Dromana
Charges: 2 x Driving Whilst Disqualified and 1 x Driving Unlicensed. All charges breached a suspended sentence which the client had previously received for Driving Whilst Disqualified. When a suspended sentence is breached, the client must serve the suspended term unless they can satisfy the court that there are exceptional circumstances.
Facts: The client had a lengthy criminal history, all of which related to driving offences. Therefore the client was facing a lengthy term of imprisonment.
Results: In all matters involving a breach of a suspended sentence, it is necessary to discuss all aspects of the offending and to take comprehensive instructions in relation to the client’s circumstances. We need to ensure that all avenues are explored and any exceptional circumstances identified, if they exist.
On the advice of our lawyer, specialist counsel was briefed in this matter.
At court, counsel’s main argument was that the client’s partner was ill and required emotional, financial and physical support which could only be provided by our client. Medical documentation was tendered as evidence and both counsel and our lawyer discussed with the client’s partner the possibility that she may be called to give direct evidence.
The Magistrate accepted this submission and was satisfied that exceptional circumstances existed. The client was sentenced to a further suspended sentence.