The Law for Breach of Community Correction Order  

by Doogue + George Criminal Defence Lawyers

Breach of Community Correction Order is a charge made by the police whenever a person fails to follow the terms of a Community Correction Order that the person is on.

Examples of Breach of Community Correction Order

  • A Community Correction order states that an offender must attend counselling. The offender makes no effort to do so.
  • A person on a Community Correction Order steals an iPhone.
  • Someone consistently fails to meet with their supervisor while on a Community Correction Order.

What are some of the possible defences to a Breach of Community Correction Order charge?

  • A person honestly and reasonably thought that they didn’t breach the order.
  • Someone had a sudden or extraordinary emergency that forced them to breach the order.
  • Another person was responsible for the supposed breach.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

  • Was there a sudden and extraordinary emergency that led to the breach?
  • Was there a case of mistaken identity?
  • Was there an honest and reasonable belief that the Community Correction Order was followed?

Maximum penalty and the court that deals with this charge

The maximum penalty for Breach of Community Correction Order is 3 months imprisonment and/or a fine of up to 30 penalty units ($4,663.80).

Breach of Community Correction Order is heard in the court that made the Order.

What is the legal definition of Breach of Community Correction Order?

The legal definition of Breach of Community Correction Order is not following any of the terms of a legally imposed Community Correction Order.

Legislation

The section that covers this offence is section 83AD of the Sentencing Act 1991.

What can you be sentenced to for this charge?

Less serious breaches may result in a fine. More serious breaches can mean a term of imprisonment. As with most charges, it depends on the court you are in and the actual facts of the matter.

If you or a loved one is facing a charge of Breach of Community Correction Order, it is crucial that you contact a criminal law expert. This offence is viewed seriously by the courts and can lead to a prison term if not handled properly. Doogue + George Defence Lawyers is experienced in defending breaching charges including Breach of CCO’s in any Victorian court. Call us.

If you want to view actual case studies and other resources related to this charge, visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/breach-community-corrections-order.



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