Solicitor: Danielle Warren
Court: Holland Park Magistrates Court
Date: June 2017
Our client’s car was intercepted in relation to another matter. Upon police doing checks on our client’s driver licence, the police database verified that our client’s licence was currently disqualified.
Our client had a very lengthy traffic history which included three previous drink driving offences and a conviction for dangerous driving. This was also his fifth unlicensed/disqualified driving charge within six years. He had previously spent actual time in custody for traffic offending. At the time of the offence, he was on parole for drink driving and disqualified driving.
Being on a bridging Visa with an application underway for permanent residency in Australia, it was extremely important that our client was not sentenced to imprisonment for longer than 12 months. This would activate a section in the Migration Act mandating his deportation from Australia (If you are not an Australian citizen, see the effects that convictions can have on your Australian Visa here).
Our client pleaded guilty to the charge of disqualified driving and a psychological report along with a number of character references were tendered on his behalf. We submitted to the court that, despite his lengthy traffic record, he was someone who was of otherwise good character and was gainfully employed.
At the sentence, a number of comparative cases were distinguished and in all of the circumstances our client received 10 months imprisonment to be served by way of an Intensive Correction Order.
By liaising with his parole office and providing our client with careful advice, we were able to ensure that his previous parole order was not suspended or cancelled and he therefore did not have to serve any actual time in prison.
Section 78 (Transport Operations (Road Use Management) Act) Driving of motor vehicle without a driver licence
In this case, our client’s driver licence had been disqualified by a court order, so the maximum penalty was 60 penalty units or 18 months imprisonment, and the court had to disqualify his licence for a period of at least 2 years but no more than 5 years.
This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.