Possess controlled weapon. breach of suspended...
ADLA member for - VIC
Written by
Kristina Kothrakis
Criminal Defence Lawyer
Weapons Offences
A Case Study: Possess controlled weapon. breach of suspended sentence- appeal
Date: 01/09/2009
18315B
The Name of the Offence
Possess controlled weapon
Place of the event
Broadmeadows
The court attended
Broadmeadows Magistrates' Court
Acting Solicitor: Kristina Kothrakis
Facts of the Case
Client was charged with possession of a controlled weapon, namely a 15cm knife. This offending breached a one month suspended sentence. The magistrate on the weapons charge convicted and fined him $300. The suspended sentence was restored, meaning the client had to serve one month in custody. An appeal against sentence was lodged.
Results Achieved
The client was a person who suffered from an intellectual disability. The Judge heard submissions in relation to his disability, and personal circumstances. The Judge was satisfied that exceptional circumstances existed. The Judge made no further order at all. The client was not required to pay any fine, or serve the term of imprisonment.
