Repeat Drink-Driving Offence

Background

Mr E faced his eighth charge for excess breath alcohol, representing a significant pattern of repeat offending. His criminal history demonstrated escalating consequences, with his most recent conviction resulting in a 10-month imprisonment sentence, highlighting the serious nature of his ongoing behaviour and the court's previous attempts at deterrence.

The Challenge

The case presented several complex factors that required careful legal strategy:

• Extensive criminal history: Eight drink-driving charges indicated persistent offending behaviour

• Previous custodial sentence: The 10-month imprisonment from his last conviction suggested the court's willingness to impose significant penalties

• Last-minute complications: Mr E lost his approved home detention address just one week before his scheduled sentencing hearing, creating an urgent procedural challenge

  
  

Legal Response

Faced with these challenging circumstances, our legal team took immediate action:

1. Rapid response to changed circumstances: When Mr E's home detention address became unavailable, we quickly prepared and filed updated submissions to address this development

2. Comprehensive oral advocacy: At the sentencing hearing, we presented detailed oral submissions that likely addressed mitigating factors, rehabilitation prospects, and alternative sentencing options

3. Strategic positioning: Despite the serious nature of repeat offending, we successfully advocated for a non-custodial outcome

   
   

Outcome

The court sentenced Mr E to:

• 200 hours of community work: Providing meaningful contribution to the community while avoiding incarceration

• 18 months of intensive supervision: Ensuring ongoing monitoring and support to address underlying issues

  
  

Significance

This result demonstrates effective advocacy in challenging circumstances, achieving a community-based sentence despite serious repeat offending and last-minute complications. The outcome balances accountability with rehabilitation opportunities, avoiding the social and economic costs of imprisonment while maintaining public safety through intensive supervision.