Picton Local Court Case Win: Custodial Sentence downgraded to Intensive Corrections Order for Red P Plater

Lawyer-in-charge: Carolyn Shiels

We recently closed a successful matter for a local family, whereby an 18yo client, who was a red “P” plater, was caught during his second month of driving at a speed in excess of 196km/h in an 80 zone. 

Upon pleading guilty to the offending, his Honour had indicated that he was going to impose a custodial sentence, and was livid in circumstances where the offending was committed so close to the second anniversary of the Buxton Tragedy.

We appeared in the matter for the client, and on the day of sentence his Honour had organized two Corrections Officers to be seated in the Court, indicating that he had made up his mind that the client was going to gaol. 

We had carefully prepared for the plea, and obtained a psychological report, subjective references and made lengthy oral submissions in respect to the value to the community of the client serving an Intensive Corrections Order (similar to home detention) as opposed to full-time gaol.

His Honour made it clear to the client that the two corrections officers were in the Court as he had already made up his mind to impose a custodial sentence. However, his Honour indicated that whilst it rarely happens, he has been convinced by my submissions to change his mind about a full-time custodial sentence, and to instead impose a very burdensome Intensive Corrections Order which included a curfew.

To say that the client and his family were relieved was an understatement.