SUCCESS STORY

Victoria

Wyndham Magistrates’ Court – Imprisonment Avoided Despite Breach of Corrections Order

EAS Legal represented a 40-year-old man at the Wyndham Magistrates’ Court charged with contravening a family violence intervention order and breaching a Community Corrections Order. He had already served time for similar offending, and Corrections initially opposed placing him back on a CCO — making imprisonment a strong likelihood. We worked directly with Corrections to address their concerns, demonstrate our client’s willingness to engage with rehabilitation, and present a structured supervision pathway. Corrections reversed their position and supported a further CCO, and the Court imposed a community-based sentence rather than returning him to custody.

Family Violence Intervention Order - EAS Legal
  • Breach of Community Corrections Order (CCO).
  • |
  • Interverntion Order

Case Overview

Charge: IVO and CCO breach

Client: 40-year-old male

Court Location: Wyndham Magistrates’ Court

At EAS Legal, we recently represented a 40-year-old male client before the Wyndham Magistrates’ Court who was charged with:

  • Contravening a Family Violence Intervention Order; and
  • Breaching a Community Corrections Order (CCO).

This was a particularly difficult matter. Our client had previously served a term of imprisonment for similar offending, and the new offences had occurred while he was already subject to a Community Corrections Order.

Compounding matters further, Corrections initially advised that they did not support our client being placed back on a Community Corrections Order, significantly increasing the likelihood that the Court would impose a further term of imprisonment.

Our Approach

Recognising the seriousness of the situation, our office worked closely with our client to identify a pathway that would address both the Court’s concerns and those of Corrections.

We engaged in detailed discussions and provided strategic advice aimed at demonstrating why our client remained suitable for continued supervision within the community.

Our approach focused on:

  • Addressing the concerns that had led Corrections to oppose a further Community Corrections Order;
  • Demonstrating our client’s willingness to engage with rehabilitation and comply with future supervision;
  • Presenting a structured pathway that balanced accountability with rehabilitation; and
  • Persuading the relevant stakeholders that imprisonment was not the only appropriate sentencing option.

As a result of these efforts, Corrections ultimately reconsidered their position and agreed to provide our client with another opportunity through a Community Corrections Order.

The Outcome

Following our advocacy:

  • Corrections changed their position and supported a further Community Corrections Order
  • Our client avoided a further term of imprisonment
  • The Court adopted a community-based sentencing outcome rather than returning our client to custody

This was an exceptional result given:

  • The client’s previous imprisonment for similar offending;
  • The fact that the offending involved a breach of an existing Community Corrections Order; and
  • Corrections’ initial recommendation that our client should not receive another CCO.

Why This Result Matters

When a person breaches both an Intervention Order and an existing Community Corrections Order, particularly after previously serving a term of imprisonment for similar offending, the likelihood of a custodial sentence increases significantly.

This case demonstrates the importance of:

  • Early strategic advice;
  • Working collaboratively with Corrections where appropriate;
  • Thorough preparation and advocacy; and
  • Presenting the Court with a realistic and achievable pathway towards rehabilitation.

Sometimes, achieving the best outcome is not simply persuading the Court—it is changing the position of those whose recommendations carry significant weight in the sentencing process.

Facing Breach Charges or a Community Corrections Order?

If you have been charged with breaching an Intervention Order, Community Corrections Order, or are at risk of imprisonment, obtaining experienced legal representation early can make a significant difference to the outcome of your case.

EAS Legal regularly represents clients in complex criminal matters throughout Victoria and across Australia.

1800 117 533
www.easlegal.com.au

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