The Court: Dandenong Magistrates Court
The Lawyer: Daniel Walsh
The Charges:
The Allegations:
The client was charged with several dishonesty offences, committed over a period of approximately seven months. These charges were spread over three courts and were listed on different dates.
The client suffered from long-term mental health issues, which were exacerbated by years of drug abuse (both illegal and prescription).
The client had also breached a Community Correction Order (‘CCO’), which he was placed on previously and breached as a result of this current offending. This complicated the matter further as it meant that a term of imprisonment was warranted. Due to the serious nature of the offences, the client was facing a substantial term of imprisonment.
At Court:
Our solicitor consolidated the charges and arranged for them to be heard together at Dandenong Magistrates’ Court. We then submitted to the Magistrate that the client was a suitable candidate for Drug Court (a specialist court available at Dandenong), given the client’s long-term substance abuse issues.
This required submissions in relation to the key eligibility requirements of a Drug Treatment Order (‘DTO’). One of the requirements is that the client must live in the Drug Court’s catchment area. As the client was homeless prior to the application, our solicitor referred them to various community organisations to obtain stable accommodation within the catchment area. The accommodation was secured, and the client progressed through to the next stage of Drug Court.
The Outcome:
Following a guilty plea and submissions by our solicitor, the client was ultimately deemed a suitable candidate and placed on a DTO in Dandenong, thereby avoiding an immediate term of imprisonment. The order requires the client to commit to treatment and assessment for the duration of the order (typically two years). The program is intense and completely geared towards getting people off drugs. If the DTO is successfully completed, no further action will be taken by the court.
