Case: Hoon Case Resolved On Plea After Rejecting Sentencing Indication
Our client was charged with driving a dedicated track vehicle on a road near his property. His axel snapped and he ended up in a ditch.
Charges/ Ch1 (Driving Disqualified); Ch2 (Use Fraudulent Number Plate); Ch3 (Drive Unregistered Vehicle); Ch4 (Use Vehicle with Mistaken Number Plate); Ch3 (Use Unregistered Vehicle)
Result/ Ch4 withdrawn; Ch1, 2, 4, 5 plea guilty – fine without conviction, no licence loss
Our lawyers negotiated a withdrawal of charge 3 and sought a sentencing indication on the basis of the prosecutor and police conduct in using our confidential communications with them to fill gaps in their case. The magistrate indicated a licence loss even though it would mean our client losing his job and not being able to visit his kids who were 150km away. Our client rejected the indication and we had the matter moved to Melbourne for a plea of guilty. Our client provided us with some further plea materials and the magistrate did not exercise their discretion to further suspend him on the basis that he was relicensed, needed it for work, and there was no subsequent offending.