Appeal Against Prison Term for Driving Whilst Suspended

This is a case study on an appeal against a prison term for driving whilst suspended.

Our client wanted to appeal a 2-month term of imprisonment handed down by the Magistrates’ Court for a charge of Driving Whilst Suspended. He had already been previously charged 5 times for Driving Whilst Suspended/Disqualified.

It must be noted that none of our client’s previous driving whilst suspended/disqualified charges occurred while under court-ordered suspensions. They had all stemmed out from falling foul of VicRoads notices for which he received suspended sentences, Intensive Corrections Order, and fines.

We acted on the client’s behalf during the appeal at the Melbourne County Court.

Submissions were made to the court, both oral and written, explaining why an immediate prison term for the client would be unjust. The circumstances surrounding the previous offences were thoroughly discussed, clearly pointing out that they need not lead the court to imposing a gaol term. We focused on the objective seriousness of the offending and the court was ultimately persuaded that imprisonment is not the appropriate punishment.

The previous ruling of the Magistrates’ Court was overturned and our client, with consideration to his personal circumstances, received a Corrections Order. This was a successful outcome for an appeal against a prison term for driving whilst suspended as the client was able to avoid prison.

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