Facts – the client had a length history of criminal and traffic offences, and had previously been sentenced to a period of home detention for driving whilst disqualified. The client’s traffic record had him disqualified from driving until 2019. The accused was caught red handed by Police, and had initially provided a false name and address. On confessing to his true identity, and to the fact that he was driving whilst he knew he was disqualified, a police search revealed over an ounce of cannabis in his possession. The client was charged with driving whilst disqualified and possession of a prohibited drug.
Result – given the client’s poor record, and having previously served a custodial sentence for the same offence, a further custodial sentence was inevitably imposed. However, on sentencing the client to periods of 12 months on each charge, the Magistrate, after a delay sufficient enough to allow Corrective Services to be called to the court and the client handcuffed, made a consequent order suspending each sentence conditional upon entering into a good behaviour bond pursuant to section 12 of the Crimes (Sentencing Procedure) Act 1999. After spending an hour in the court cells waiting for the bond paperwork to be finalized, the client re-emerged very relieved.