Appeal – Burglary
Charges
Multiple charges of Burglary & Theft
Facts
The client was addicted to heroin and had committed a number of burglaries to obtain money for drugs. The client had a significant criminal history and was breaching a suspended gaol sentence by committing the burglaries.
To avoid serving the immediate term of imprisonment that was suspended, exceptional circumstances had to be demonstrated to the Court. When the matter initially came before the Magistrate, the client had made some changes but these changes were not significant enough to establish exceptional circumstances.
Initially the client was sentenced to 15 months gaol with a non-parole period of nine months. An appeal process was begun.
Results
After the client attended our office we assisted him to link in with Odyssey House, a full-time residential rehabilitation centre. The program can go for as long as 24 months depending on the needs of the client. The Odyssey program is not easy, and the desire to participate must come directly from the client.
By the time of the appeal the client had only been in Odyssey House for a short period of time. We made an application to adjourn the appeal for a further 3 months. When we came back before the Court, the client was still in Odyssey House.
We ran the appeal and called evidence from a representative from Odyssey House. The Judge was satisfied that exceptional circumstances had been made. His Honour imposed a further suspended gaol sentence in combination with a Community Corrections Order which could be served within the Odyssey program. It was an excellent outcome.
