I appeared at Ipswich Magistrates Court again yesterday to represent a client charged with their Tenth Disqualified Driving offence, as well as Evade Police.
Each offence amounted to 2 separate breaches of a suspended term of imprisonment previously handed down 18 months earlier for the client's Ninth Disqualified Driving charge.
My client had served 4 months actual custody for their Seventh Disqualified Driving offence.
Needless to say, my client faced an extremely high liklihood of returning to prison, some may have said it was a certainty.
The suspended term of imprisonment meant that my client did not actually go to jail for their Ninth offence, but the term of imprisonment was to hangover their head for 2 years.
When a person returns to court for any offence punishable by imprisonment during the set period, the Magistrate is left with only 2 options.
The Magistrate can either extend the length of the suspension period, in other words extend the period during which the term of imprisonment hangs over the person’s head, or activate the term of imprisonment.
Given the breaches were by way of a return to the same type of offending, coupled with an Evade Police attempt, an extension to the length of the suspension period was out of the question.
In activating the term of imprisonment, the Magistrate has 3 options.
The Magistrate can either hand down an intensive correction order, impose a term of imprisonment with immediate parole, or incarcerate the person by physically sending them to jail for a period.
An intensive correction order is a form of imprisonment which is served within the community.
Persons on an intensive correction order must report to the Probation & Parole office during their ordered period, and comply with any directions given.
If a person breaches an intensive correction order, by committing another offence or failing to comply with any given directions, they will be brought back before the court and resentenced for their original offence.
Imprisonment with immediate parole means that the client does not physically go to jail, but technically according to their record they did, however their court date is their release date.
Persons on parole must also report to the Probation & Parole office during their set parole period.
If a person breaches parole, by committing another offence or failing to comply with any given directions, they will be immediately imprisoned for the remainder of their prison term.
As my client had previously been sentenced to 3 months imprisonment wholly suspended for 2 years, for each of the 2 breaches, they faced a maximum penalty of 3 months actual imprisonment.
For the Disqualified Driving charge, my client faced an additional maximum penalty of 18 months imprisonment, 60 penalty units and a lifetime driver’s licence disqualification.
For the Evade Police charge, my client faced a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
A penalty unit in Queensland is currently valued at $113.85.
Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Given the extremely high risk of actual imprisonment, I prepared detailed and comprehensive written submissions of the relevant legislation and case law, which included cases handed down as recently as 10 days ago.
I prepared detailed Affidavit materials setting out, among other things, the lessons learned at 2 reformatory courses which I had my client attend.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I addressed the Magistrate at length about why I believed an actual term of imprisonment was not appropriate.
I was able to persuade the Magistrate not to physically imprison my client.
My client received 12 months imprisonment with immediate parole.
Needless to say, my client and his family were extremely relieved.
Wiseman Lawyers specialise in Disqualified Driving, Evade Police and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.