I appeared at Ipswich Magistrates Court again today representing a client charged with their Sixth Disqualified Driving offence.
My client received a wholly suspended term of imprisonment for their Fifth offence (I was not acting).
The current charge amounted to a breach of that suspended term of imprisonment.
Needless to say, I had my work cut out for me.
My client faced an extremely high likelihood of actual custody, some may have said it was a certainty.
That said, some form of imprisonment on this occasion was a given.
The only hope I had of keeping my client out of jail was by way of Immediate Parole or an Intensive Correction Order, or both.
When deciding how to deal with a person who has breached a suspended term of imprisonment, the Magistrate has 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 this was my client's Second breach, an extension would not have been appropriate.
When activating a breached term of suspended imprisonment, the Magistrate can order that the imprisonment be served by way of 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.
The above options are also available to a Magistrate when deciding the appropriate penalty for Repeat Disqualified Driving.
Again, my client was being sentenced for both a) Repeat Disqualified Driving, and b) Breach of Suspended Term of Imprisonment.
For the Repeat Disqualified Driving, my client faced a maximum penalty of 18 months imprisonment, 60 penalty units and a lifetime driver’s licence disqualification.
For the breach of the suspended term of imprisonment, my client faced a further 4 months actual custody.
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 $107.10.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
I made detailed and comprehensive submissions to the Magistrate.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I had my client complete 2 separate reformatory courses.
I was able to persuade the Magistrate that actual custody was not appropriate.
For the breach of the suspended term of imprisonment, my client received Immediate Parole.
For the Repeat Disqualified Driving, my client received an Intensive Correction Order.
Needless to say, my client was extremely relieved.
Wiseman Lawyers specialise in Disqualified Driving, DUI Drink Driving 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.