
No action taken on third breach of a Suspended Imprisonment Order (SIO)
Our client was charged with 4 x Breach of a Community Based Order by failing to report and attend on a drug counselling provider, 2 x Stealing, 2 x Possess Prohibited Drug (Cannabis) and Possess Drug Paraphernalia (Smoking Implement) which arose from a police search at their home and when police had stopped the client after he had departed a shopping centre.
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Our client in engaging in the further offending had also breached a 7 month Suspended Imprisonment Order (SIO) which had been imposed previously on a Burglary charge. This was our client’s third breach of that SIO by conducting further offending.
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We recommended the client obtain additional material regarding a potential medical condition they had and successfully persuaded the Magistrate that given the reasons for the offending and its connection with the medical issue it was unjust to activate the SIO. This avoided our client serving 7 months in custody and allowed our client to continue his rehabilitation in the community.