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3 month Suspension, CCO & CRO for 2 Counts of Driving Whilst Suspended

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Successful Outcome for Driving Whilst Suspended

Our solicitor, Nicholas Hardy-Clements, represented a young male at Sutherland Local Court in relation to the following charges:

  • Drive Motor Vehicle Whilst Suspended- First Offence pursuant to section 54(3)(a) of the Roads Transport Act 2013.
  • Drive Motor Vehicle Whilst Suspended- Subsequent or prior Offence pursuant to section 54(3)(a) of the Roads Transport Act 2013.

A plea of guilty was entered for both offences. This meant our client breached his current Conditional Release Order (CRO) which he had been serving for a traffic violation committed at an earlier date. As a result of the breach, our client had his matter and charge re-sentenced.

Submissions

On sentence, Mr Hardy made submissions to the Court in relation to our client’s otherwise good character and provided an explanation of the circumstances of the offence, and character references highlighting his otherwise good character, and contribution and well-valued reputation in his community. Submissions in relation to our client’s need for a licence for work purposes and financial situation were also made.

Outcome Achieved- Community Correction Order and Conditional Release Order

The Magistrate proceeded to revoke the current CRO for our client’s earlier offence and was disqualified from driving for a 3-month period. In relation to the first offence, our client was convicted, directed to enter a Community Correction Order (CCO) to be of good behaviour for 14 months pursuant to section 8 of the Crimes (Sentencing Procedure) Act 1999, and was disqualified for a period of 3 months. In relation to the second offence, our client’s offence was proven, however, the matter was dismissed without proceeding to conviction. Instead, he was ordered to enter a CRO to be of good behaviour for a period of 18 months, pursuant to section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

This case demonstrates the importance of outstanding representation. Nicholas ensured the case was prepared and presented thoroughly and in a way, the Court would consider all relevant circumstances in favour of our client on sentence.

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