Our elderly client came to Elbob & Stephenson Legal after having previously been sentenced for a serious fraud offence involving the misappropriation of tens of thousands of dollars. At the time, he was represented by another firm and received a lengthy Community Corrections Order (CCO) that included unpaid community work as a core component of the sentence.
Despite the seriousness of the charges, the original sentencing failed to properly consider our client’s extensive and debilitating medical conditions, which rendered him physically incapable of complying with the community work component of the order. The burden of the order placed unnecessary stress on both our client and his family and significantly impacted his wellbeing.
After engaging our office, we undertook an urgent application to vary the Corrections Order under the Sentencing Act, presenting fresh evidence including:
We argued that while the offence was serious, the original outcome had not properly accounted for our client’s unique personal circumstances, and that the sentence could be varied in a way that was fair, proportionate, and humane.
The Magistrate agreed and made a favourable variation to the sentence, revoking the Community Corrections Order entirely and replacing it with a $1,000 fine. This outcome allowed our client to maintain his dignity and avoid the stress and risk of breaching a sentence he was never capable of complying with.
Already sentenced? Think the outcome was unfair or inappropriate? You may still have legal options. This case highlights the critical importance of seeking experienced and competent legal representation—from the very beginning.
