A case study about how an Intensive Corrections Order (ICO) can help you stay out of Jail.
Sam was invited to drinks after work had finished on a Friday night. Sam was with his work mates and he attended a pub near Kogarah local court.
Sam is employed as a builder and he finishes work at 3pm.
Sam started drinking after work and until around 7.30 pm that night.Sam did not stop to eat during this time and became quite intoxicated as a result.
Sam walked outside of the pub and started to become rowdy.
Sam hit a person who was walking by, as he had no idea what he was doing.
Fortunately Sam’s friends called the police and they arrested Sam and took him to the police station where he sobered up and was released on bail.
When Sam recovered, he had no memory of the incident near Kogarah local court.
Sam was told by police what he had done. He was advised that the person he punched had a bloody nose, but was not taken to hospital. Sam was advised that persons walking by Kogarah local court witnessed the incident.
Sam was then advised he was being charged with ‘assault occasioning actual bodily harm’ and a ‘common assault charge’.
He had a total of 2 charges and he was advised he needed to attend Kogarah local court on a set date.
Sam immediately contacted ETB Legal, where he was given advice about the 2 charges.
ETB Legal then represented Sam at Kogarah local court.
Sam was given a sentence of imprisonment, as the Magistrate at Kogarah local court felt this offence was one involving a ‘one punch hit’.
ETB Legal swiftly appealed the matter at Kogarah local court and Sam was placed on Appeals bail so he did not spend time in jail.
Sam’s appeal in the Sydney District Court
Sam’s appeal for his sentence received at Kogarah local court was appealed successfully at the Sydney District court, because Sam had demonstrated that he had attended counselling for his habit and refrained from drinking for 8 months, while his case was pending and he was on bail.
Sam received a penalty described as an Intensive Corrections Order (ICO’).
This is a penalty prescribed by section 11 of the Crimes Sentencing Act NSW.
Sam was to report to the Probation and Parole officer at the Community Corrections office near Kogarah local court within 7 days of his appeal.
He then had to show the officer that he could live in the community like a normal person, by participating in a number of programs including community service on weekends (this would allow him to earn an income and remained employed).
He was also required to live with a trusted family member and to attend to calls and contact made by his parole officer.
Sam was additionally required to continue with the counselling that he had been advised to attend by his counsel at ETB Legal.
At ETB we provide a full advice to the client and will stand by you during your entire legal ordeal.
ETB Legal have formed a series of good working relationships with counsellors,who help our clients and provide ETB with updated reports.
Contact ETB Legal if you have a legal problem or call 0412 915 247 immediately.
(A case study based on true events. All names have been fabricated to help preserve the privacy, confidence of our clients)