Type of Allegation and Client Role
Client: 35-year-old male
Charges: Two counts of Intentionally Choke under section 37(1) of the Crimes Act 1900 (NSW)
Our client had previously been sentenced for two counts of intentionally choking his partner. This offence carries a maximum penalty of 10 years imprisonment and is considered one of the most serious assault offences in New South Wales.
Despite the gravity of the original charges, he was given a Community Corrections Order (CCO) — a community-based sentence that allowed him to remain in the community under strict supervision instead of serving a full-time custodial sentence.
One condition of his order was to complete community service work. However, the client failed to attend several scheduled community service sessions and did not provide sufficient evidence to his Community Corrections Officer explaining his absences. After multiple warnings, the officer referred the breach back to the Court for review.
Court
Background: Breach of a Community Corrections Order
What Led to the Breach
A Community Corrections Order is a conditional sentence that requires ongoing compliance. Breaching the order can result in the Court revoking the CCO and re-sentencing the offender, potentially to a term of full-time imprisonment.
In this case, the client’s repeated failure to attend community service without valid reasons prompted Community Corrections to issue a formal breach report. Given the nature of the original offences, the Court indicated that it would likely re-sentence the client to imprisonment if further non-compliance was proven.
This placed the client in a precarious position — with a very real risk of being sent back to custody for breaching the terms of a lenient sentence.
Legal Strategy: Presenting a Strong Defence to Avoid Jail
Gathering Evidence and Building Context
Upon being instructed, the legal team at Australian Law Advocates immediately began collecting medical and psychological evidence to explain the client’s non-compliance.
Through careful preparation, we obtained:
A letter from the client’s psychiatrist, confirming that the stress of his partner’s ongoing ill health had severely impacted his mental stability.
Evidence that the client was suffering from chronic Attention-Deficit Hyperactivity Disorder (ADHD), which was exacerbated by the stressors in his personal life.
Documentation showing that he had since re-engaged with Community Corrections and resumed attending community service sessions.
These materials were crucial in demonstrating that the breach was not wilful disregard for the law but rather a temporary lapse during a highly stressful period.
Liaising with Community Corrections
The firm maintained close contact with the Community Service Work Coordinator, providing the Court with up-to-date reports confirming that the client had completed a significant number of hours since the breach notice was issued.
This ongoing communication strengthened the case that the client had re-engaged meaningfully and was now compliant with his obligations.
Court Submissions: Convincing the Magistrate to Continue the Order
At the hearing before Newtown Local Court, Ms Morandin appeared for the client and made detailed submissions urging the Court to take no punitive action on the breach.
Key Points Raised:
Re-engagement and Compliance: The client had resumed and maintained participation in his community service hours while awaiting the Court’s determination.
Mitigating Personal Circumstances: His partner’s serious health issues and his own mental health diagnosis provided context for his earlier failures to attend.
Proportionality and Rehabilitation: Revoking the order and imposing imprisonment would undermine the rehabilitative intent of the original sentence.
Support from Community Corrections: Updated compliance records demonstrated that the client had improved significantly and was taking the order seriously.
The defence emphasised that the purpose of a Community Corrections Order is rehabilitation, not punishment alone. Where the breach has been rectified and the offender has demonstrated progress, imprisonment should remain a last resort.
Outcome: Court Agrees to Continue Community Corrections Order
After hearing submissions and reviewing the new evidence, the Magistrate accepted that the client had re-engaged with his rehabilitation obligations and that his mental health and personal stressors had contributed to the earlier non-compliance.
✅ The Court took no action to revoke or vary the existing Community Corrections Order.
✅ The client avoided full-time imprisonment, despite the seriousness of the original choking offences.
✅ The existing Community Corrections Orders continued, allowing him to remain supervised in the community.
This result was particularly significant given the Court’s prior warning that further non-compliance would likely result in immediate custody. The outcome reflected both the client’s renewed commitment to rehabilitation and the strength of the defence strategy.
Understanding Breaches of Community Corrections Orders in NSW
When a Breach Occurs
Under Part 7 of the Crimes (Administration of Sentences) Act 1999 (NSW), a person may be found in breach of a Community Corrections Order if they fail to comply with any conditions — such as attending community service, participating in counselling, or abstaining from drugs or alcohol.
When a breach is reported, the Court may:
Take no action, allowing the order to continue unchanged.
Vary the conditions of the order.
Revoke and re-sentence the offender, which can result in imprisonment.
The Court’s discretion depends on the seriousness of the breach, the offender’s subsequent behaviour, and any mitigating circumstances.
In this case, the Court’s decision not to re-sentence the client was a direct outcome of proactive evidence gathering, collaboration with Community Corrections, and persuasive advocacy focused on rehabilitation over punishment.
Tayla’s Insight
“Many clients assume that a breach automatically means jail, but that isn’t always the case. With the right preparation, updated compliance, and strong submissions, the Court can be persuaded to continue a community order rather than revoke it.”
Charged with Breaching a Community Corrections Order in NSW?
If you’ve been accused of breaching a Community Corrections Order, it’s essential to obtain immediate legal advice.
Courts have broad powers to re-sentence offenders to full-time custody, but with careful preparation and supporting evidence, it’s possible to avoid imprisonment and remain under supervision in the community.
The team at Australian Law Advocates appears regularly in Newtown Local Court and across NSW, defending clients in breach proceedings and securing fair, rehabilitative outcomes.
