If you have been charged with breach of a community correction order, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of breach of a community correction order, they must satisfy elements of the offence. They can be found in s 83AD of the Sentencing Act 1991 (Vic) and are as follows:
- The accused was legally bound to follow the terms of a community correction order; and
- The accused breached the terms of the order they were under.
Will I have to go to court?
Charges for breach of a community correction order will usually be heard in the Magistrates’ Court. A charge for breach of a community correction order will usually be heard only by a Magistrate.
Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence.
The maximum penalty for a charge of breaching a community correction order is 3 months imprisonment and/or a fine of up to $4663.80.
What sentences are usually given?
According to the Sentencing Council Victoria, in 2016 the most common penalty for breaching a community corrections order was 1 month imprisonment.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.