The Case
At just 18 years of age, our client had been sentenced to a County Court Community Correction Order following offending involving armed robbery and theft of a motor vehicle.
The client had experienced significant disadvantage growing up, including racism and bullying, and had been influenced by anti-social peers. After contravening the Community Correction Order, the client was remanded in custody for further, unrelated offending.
The matter returned to the County Court for breach proceedings, where the court had to determine the appropriate response to the contravention of the original order.
The Challenge
The case involved a young person experiencing significant disadvantage who was in adult custody for the first time. Both Corrections and counsel for the Office of Public Prosecutions submitted that the Community Correction Order should be cancelled and the client resentenced for the original offending, potentially resulting in a further term of imprisonment.
The defence recognised the importance of addressing the breach while also ensuring that the client’s age, background, personal circumstances and prospects of rehabilitation were properly considered.
The key objective was to avoid extending the client’s time in adult custody and preserve the opportunity for meaningful rehabilitation.
The Defence Strategy
The defence obtained a psychological report addressing the client’s disadvantaged background and the relevance of their youth to the offending.
Alexandra Murrell and the defence team prepared detailed submissions drawing on relevant case law and sentencing principles concerning young offenders. These addressed the importance of rehabilitation, the impact of custody on a young person and the need to consider the consequences of further imprisonment in the client’s circumstances.
The submissions asked the court to look beyond the breach in isolation and consider a proportionate response that recognised the seriousness of the original offending while taking account of the client’s age, circumstances and potential for rehabilitation.
The Outcome
The County Court cancelled the Community Correction Order without making any further order in relation to the original offending. The client received a modest fine for breaching the order.
This outcome meant the breach proceedings did not result in an extension of the client’s time in adult custody. It was achieved despite Corrections and the prosecution seeking a more severe outcome.
The result gave the young client an opportunity to move forward without additional imprisonment being imposed through the breach proceedings.
Why Experienced Criminal Defence Matters
Breach proceedings can have serious consequences, including the possibility of resentencing for the original offending. Where a young person is involved, it is important that the court has a clear understanding of their circumstances and the sentencing principles relevant to their age and prospects of rehabilitation.
At Stary Norton Halphen & Galbally, our lawyers prepare carefully considered submissions supported by relevant evidence and legal authorities. We recognise that a person's background and maturity may be important considerations when the court determines an appropriate outcome.
Our approach is to ensure that the client's circumstances are properly presented and that the court is asked to consider all legally relevant options, particularly where further custody may have significant consequences for a young person's future.
If you or a family member is facing breach proceedings or a potential resentencing, experienced criminal defence advice can help you understand the process and the factors that may be relevant to the outcome.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.