Breaching a Community Corrections Order

Questions to Consider Before Pleading Guilty or Not Guilty

To evaluate your chances of successfully defending a breach of a CCO charge in court, consider the following important points:

• Has the prosecution provided accurate particulars of the charges?
• Does the prosecution have a strong case against me?
• Should I plead guilty or not guilty? Would a contested hearing or trial be appropriate?
• How did I breach my CCO?
  • By committing further offence(s)?
  • By not complying with the order(s)?
• What circumstances led to my breach?
  • Did I experience changes in personal, health, or employment circumstances?
• Have I made positive changes since the CCO was imposed?
  • Such as participating in counselling, rehabilitation, or community activities?
• Is there evidence from Corrections Victoria that incorrectly reflects my compliance with the order(s)?
• Was my breach noted within the relevant timeframe?
• Does my alleged breach carry a term of imprisonment?
• Would I prefer to be re-sentenced for the original offences or complete the order?
• What options are available to minimise my penalty?
• Can I persuade Corrections Victoria to allow me to continue under the order until the breach is addressed in court?
• Is there a lawful justification for breaching my CCO (e.g., mental impairment/illness)?
• Should we subpoena relevant materials (like file notes) from the opposing party to find inconsistencies (e.g., regarding appointment attendance)?

Our experienced lawyers will help answer these questions and prepare a strong case for you.

What does the prosecution have to prove?

To determine whether you have been charged with breaching a CCO, consider what constitutes the offence (as defined above). Specifically, can the disputing party establish beyond a reasonable doubt all elements of the offence?

• You were subject to a CCO?
  • A CCO is a sentence that courts can apply for a fixed time if:
    • A defendant is found guilty of an offence.
    • The offence attracts at least five penalty units.
    • The court has received a pre-sentence report (if necessary).
    • The defendant consents to the order (section 37 SA).
  • All CCOs have standard conditions attached to them.
  • CCOs cannot begin more than three months after the order is made (section 38(2) SA), except if the defendant has been sentenced to a CCO alongside a term of imprisonment, where the CCO starts upon release from custody (section 44(3) SA).
• You breached the core conditions of your CCO?
  • By committing an offence (attracting a term of imprisonment) during the CCO?
  • By failing to comply with any lawful condition of the CCO during its duration?

Lawful conditions are detailed under section 45 SA and may include:

• Attending supervision.
• Mandatory rehabilitation or testing.
• Completing unpaid community work (e.g., failing to complete the required hours in the given timeframe).
• You had no lawful justification/excuse for breaching the CCO?
  • For instance, a medical condition (like pneumonia) preventing engagement in community work or attending mandatory sessions.
  • The defendant must provide Corrections Victoria with evidence (e.g., a letter from a GP) to substantiate this.

Note: The matter must proceed before the relevant court within specific timeframes:

• Within six months of being convicted or found guilty of another offence that attracts a term of imprisonment.
• Within one year after the order ends (if no further offence has occurred).
• Within two years after the order ends (section 83AH SA).

If the disputing party cannot establish beyond a reasonable doubt all elements of the offence, you are not guilty.

Defences to consider:

If you plead not guilty to the charge of breaching a CCO, possible defences to explain your behaviour will depend on the circumstances surrounding the alleged offending. Each case is unique and requires a tailored approach. Possible defences may include:

• The opposing party failing to establish beyond a reasonable doubt all elements of the offence (see above).
• An alibi.
• A lawful reason or justification for not attending community work or breaching the CCO (e.g., injury/illness or a sudden emergency).
• Honest and reasonable belief that you did not breach the CCO.
• Mistaken identity, wherein there is a factual dispute about the actual events.
• A different individual being responsible for the breach.

Penalties for breaching:

If found guilty of breaching a CCO, one of the following penalties may be imposed:

• Term of imprisonment:
  • Level 9 offence (maximum 3 months).
  • In serious cases, imprisonment is a likely outcome.
• Financial fine (conviction or non-conviction):
  • Maximum of 30 penalty units ($4,663.80).

Note: The Magistrate cannot direct the defendant to serve the sentence concurrently with any other sentence, nor can they suspend the whole or part of the defendant’s sentence (Sentencing Act 1991).

To apply for a conviction or non-conviction concerning any of the above penalties, our lawyers must submit the relevant section 8 application to the court