How serious is Breach of Community Corrections Order? What’s the maximum penalty and which Melbourne Court hears this charge?
Breach of Community Corrections Order is a serious offence which may carry a prison term when guilt of the defendant is successfully established. It is heard before a Judge or a Magistrate in the Court that originally issued the Community Corrections Order. A person found guilty of Breaching a Community Corrections Order may face a maximum penalty of 3 months of imprisonment. The Court may resentence for the original offence for which the CCO was imposed.
The legislation on Breach of Community Corrections Order
Section 83AD of the Sentencing Act 1991 is the appropriate legislation for Breach of Community Corrections Order:
Contravention of community correction order
(1) An offender who is subject to a community correction order must not contravene that order, unless the offender has a reasonable excuse.
Penalty: 3 months imprisonment.
As to sentencing for this offence
83AS. Powers of the court on finding of guilt for contravention of community correction order
(1) If a court finds a person guilty of an offence under section 83AD (in addition to sentencing the offender for the offence) the court must-
(a) vary the order in any manner set out in section 48M(2)(c), (d), (e),(f), (g) or (h); or
(b) confirm the order originally made; or
(c) cancel the order (if it is still in force) and, whether or not it is still in force, subject to subsection (2), deal with the offender for the offence with respect to which the order was made in any manner in which the court could deal with the offender as if it had just found him or her guilty of that offence; or
(d) cancel the order and make no further order with respect to the offence with respect to which the order was originally made.
(2) A court, in determining how to deal with an offender under subsection (1), must take into account the extent to which the offender has complied with the order.
Pleading guilty or not guilty to Breach of Community Corrections Order in a Melbourne Court
Pleading guilty or not guilty to Breach of Community Corrections Order is a very serious issue that must be carefully discussed with a criminal defence solicitor. Failing to consult with a lawyer might lead to very unfavourable results and further complications.
Elements of the charge of a Breach of Community Corrections Order case in a Melbourne Court
The elements of Breach of Community Corrections Order primarily include the need to prove that the defendant is under a Community Corrections Order. It then needs to be established in Court that the defendant breached one or more of the conditions stated in the order.
Defending the charge of Breach of Community Corrections Order in a Melbourne Court
Defences to the charge of Breach of Community Corrections Order may involve factual disputes. Was a condition in the order really breached? Many times an alleged breach is actually due to a miscommunication, a missing document that was provided but was lost, etc. It is important to find out the circumstances of the defendant as a breach of a CCO condition may be due to a validreason.
For more information on Breach of Community Corrections Order, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Aug. 13, 2012 and relates to the law that it stands at this time.