The Court: Geelong Magistrates Court
The Lawyer: Ryan Robertson
The Charges:
The Allegations:
The client had a lengthy criminal history. His prior offending mainly related to assaults and driving offences.
These new charges related to a night when the client and his friend were out drinking. Towards the end of the night, the client was asked to assist in stealing an air conditioning unit from a nearby construction site, to which he agreed.
During the Burglary, the neighbours were alerted and called the police. The client and his friend left the scene without the unit; however, the client was later identified by DNA that was left at the scene.
This offence occurred while the client was on a two-month suspended sentence, which he had received for driving while disqualified.
At Court:
When a person breaches a suspended sentence, they must satisfy the court that there are exceptional circumstances to explain why the sentence should not be imposed. The Court of Appeal has ruled that a single factor or a combination of factors can amount to exceptional circumstances.
Our solicitor appeared at court and relied on the following by way of exceptional circumstances:
- There was a significant delay between when the offence occurred and when the charges were brought before the court. There was no further offending in the interim period, and the suspended sentence was due to expire.
- The client had no prior convictions for dishonesty, and the prosecution conceded that his involvement in the burglary was limited.
- The client suffered from severe allergic asthma, which required fortnightly visits to the hospital for treatment. The client was also required to carry an EpiPen at all times as there was a high risk of anaphylaxis with his course of treatment.
Our solicitor argued that due to the client’s medical condition, prison would be significantly more onerous for him. The client would not be permitted to carry an EpiPen with him in prison, and he would not be able to continue with his treatment regimen, thereby placing his life at risk.
The Outcome:
The court accepted these submissions and found that exceptional circumstances did indeed exist in this case. The client was placed on a further suspended sentence. This meant that the client avoided immediate gaol. It is important to note that suspended sentences are no longer a sentencing option in Victoria.
