At EAS Legal, we recently represented a client before the Wyong Local Court for sentencing following serious criminal offending.
Our client was facing a custodial sentence, making the focus of the proceedings not only the length of any imprisonment but also the earliest possible opportunity for rehabilitation and reintegration into the community.
Recognising the significant consequences of a custodial sentence, our team carefully examined whether there were exceptional personal circumstances that justified the Court departing from the ordinary sentencing approach.
Our Approach
From the outset, we undertook a detailed assessment of our client’s personal circumstances, background and the factors contributing to the offending.
We prepared comprehensive sentencing submissions supported by appropriate evidence, focusing on establishing the existence of special circumstances. Our submissions demonstrated why a departure from the standard statutory ratio between the non-parole period and the balance of the sentence was appropriate.
We emphasised the importance of our client’s rehabilitation, the need for ongoing support following release, and why an earlier return to the community under supervision would better promote both rehabilitation and community safety.
By presenting a well-supported and carefully structured case, we invited the Court to exercise its discretion to reduce the non-parole period.
The Outcome
Following our submissions, the Court accepted that special circumstances had been established and ordered:
This was a significant outcome, substantially accelerating our client’s eligibility for release and allowing them to access the support and supervision necessary to continue addressing the issues that contributed to the offending.
Why This Result Matters
In New South Wales, establishing special circumstances can have a profound impact on a custodial sentence.
Where appropriate, the Court has the discretion to adjust the non-parole period, allowing an offender to become eligible for parole much sooner than would ordinarily be the case. However, these applications require careful preparation, persuasive evidence and a thorough understanding of sentencing principles.
This matter demonstrates the importance of:
At EAS Legal, we understand that effective sentencing advocacy extends beyond the sentence itself. By carefully analysing every aspect of a client’s circumstances, we work to achieve outcomes that maximise rehabilitation while protecting our clients’ future.
Facing a Sentencing Hearing?
If you or a loved one is facing sentencing for a criminal offence, obtaining experienced legal representation can have a significant impact on the outcome.
EAS Legal regularly appears in courts throughout New South Wales and Victoria, preparing detailed sentencing cases and advocating for the best possible outcomes for our clients.
1800 117 533
www.easlegal.com.au
EAS Legal – Strategic Criminal Defence. Proven Results.
