Waverley Local Court

Facts

Our client was charged with High Range PCA and resisting arrest after being stopped by police. As a result, his driver’s licence was immediately suspended.

However, just days later, our client was stopped again by police, and this time he was charged with the offence of Driving while Suspended.

In addition to his recent charges, our client already had three previous drink driving offences on his record. Our client’s latest charges were considered to be subsequent offences within a five-year period. Against that background, a custodial sentence was a real possibility for him. A habitual offender declaration was also made in relation to our client, and he faced a minimum disqualification of nine years.

Result

We assisted our client in the lead-up to his sentencing proceedings by collating a bundle of documents which supported a strong subjective case in his favour. We also made persuasive submissions to the effect that there was good reason for the court to reduce any sentence imposed on our client.

As a result of our submissions, our client was subjected to only a two-year disqualification and a community service order of 100 hours for the offence of High Range PCA. Our client was sentenced to a two-year disqualification period and a two-year good behaviour bond for the Driving while Suspended charge.

Both of our client’s disqualification periods ran concurrently and our client’s habitual offender declaration was also quashed – meaning that effectively the only penalty imposed on our client was a two-year licence disqualification. Our client was very relieved with the outcome.

Pleasingly, our client was also granted full leniency in relation to the charge of resisting arrest and no conviction was recorded, in accordance with the provisions of section 10.