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      No Jail for Eighth Drive While Disqualified

      Our client is a 46 year old storeman from Sydney’s east.

      We appeared at Downing Centre District Court for a severity appeal in relation to his eighth drive while disqualified charge.

      This was compounded by the fact that our client had received an Intensive Corrections Order (ICO) and Home Detention Order for his last two Drive While Disqualified offences.

      In the Local Court our client had been received a term of full time imprisonment, with the Magistrate saying that there was no other sentence that was appropriate given his previous offences.

      Despite this, we took a different view.

      We obtained a psychologist report which indicated that the client had long standing issues which may have contributed to his re-offending. It also confirmed that he would suffer hardship in custody due to his mental conditions.

      We further obtained evidence from the client’s adult daughter and wife who confirmed that the client no longer had access to a vehicle.

      On the hearing of the appeal we submitted that despite his criminal record, the risk of him re-offending has been mitigated given he no longer had access to a vehicle.

      Further, we submitted that the principles of sentencing in relation to mental health would allow the Court to reduce the need for general deterrence.

      After hearing our submissions and despite strong opposition from the Crown, the Judge was persuaded to impose an ICO,

      The client and his family were overjoyed with the result. They can now move on with their lives without the threat of jail hanging over our client’s head.

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