The Court: County Court of Victoria
The Lawyer: Ashleigh Wallace
The Charges:
- Reckless Conduct Endangering Life
- Dangerous Driving
- Speeding
- Refuse Breath Test
- Fail to Stop when Directed by Police.
The Allegations:
The client was charged with 28 offences relating to a police pursuit from Croydon to Bayswater, which eventually concluded in Boronia. Two civilians’ cars were damaged during the pursuit.
The client had a prior history of drink driving and other serious driving offences. She had previously been to gaol for drink driving, resulting in her baby sustaining injuries.
At Court:
The matter initially proceeded as a plea of guilty at the Ringwood Magistrates’ Court, where the client was sentenced to an immediate 12-month term of imprisonment. This Magistrates Court decision was appealed and brought before a Judge at the County Court in Melbourne.
The client instructed that in the weeks leading up to the incident, she had experienced hallucinations and developed extreme paranoia. This evolved into an irrational fear that the police were out to get her and that she was in grave danger.
Following the client’s arrest, it was apparent the client was suffering from severe mental health episodes, leading to her being treated by a psychiatric nurse and anti-psychotic drugs were administered. Our office arranged for the client to be assessed by both a psychologist and a psychiatrist, who independently verified the client’s unstable mental health.
Our solicitor submitted that due to the client’s condition:
- The client’s moral culpability was reduced, as the condition impaired her ability to exercise appropriate judgement.
2. The sentencing principle of ‘general deterrence’ should not apply to the same extent as a person in normal mental health.
3. A term of imprisonment would weigh more heavily on the client than a person in normal mental health.
Reports outlining the client’s mental health were also tendered to the court for the Judge’s consideration.
The Outcome:
Following lengthy submissions, our solicitor argued that the court should consider a therapeutic approach to sentencing. The Judge agreed and re-sentenced the client to a 24-month Community Correction Order. This meant that the client avoided a prison term.
This outstanding outcome highlights the results that one of our criminal lawyers can achieve with meticulous preparation.
