High Range DUI- NSW-what does the sentence mean?

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High Range DUI- NSW-what does the sentence mean?

Postby concerned partner » April 16th, 2014, 1:50 pm

In early March 2014 my partner was pulled over for High Range DUI in NSW.
It is his first offence and was out of character.
He has since been to court and sentenced.
He was given 2years suspended/disqualified (sorry I don't know the correct term) AND a good behavior bong for 1 year- he WASN'T fined for the offence (is this strange).
My partner represented himself and presented well.
He had done everything suggested to him- letters of good character, mitigating circumstances (he had arrange to stay at a friends house), finical situation and also a letter form myself- I'm pregnant and truly do suffer from driving anxiety- I had a doctors certificate to state this.
He had his own letter stating his regret and his grantee never to do it again and other info.
But when the judge laid down his sentence, due to my partners eminence stress, didn't fully take in the meaning of the sentence.
I am also confused, as I thought a could behavior bond would mean he could drive still and if he did break the law or got into trouble again, he would then be made to follow on with sentence of 2years.
We also thought he ruling was still very strong for a first time offence and with the judges knowledge of my situation.
can someone help us demystify the sentence- What does a good behavior bond mean? Is there still a chance he can drive before the end of two years and if so how do we go about it?
My partner doesn't want to rock the boat by asking officially about anything and is just too stressed to feel he can do anymore to help his situation.
My partner loosing his licences has compromised my well being and I def don't condone what he has done- but just need more info for my own reference.
I would be grateful for any help or ideas.
Thank you
concerned partner
Posts: 1
Joined: April 16th, 2014, 1:19 pm

Re: High Range DUI- NSW-what does the sentence mean?

Postby Amanda » April 24th, 2014, 10:17 am

Dear concerned partner,

1. There is generally a fine that is attached to a conviction, however, a Court will take individual circumstances into account when issuing a fine. There is no mandatory minimum fine, so that is at the discretion of the Magistrate.
2. From what you have described to me and from the nature of the offence, it sounds to me as if your partner has been placed on a good behaviour bond pursuant to section 9 of the Crimes (Sentencing Procedure) Act. This is recorded as a criminal conviction, which means that he would also be subject to a disqualification period. In this case, the two year disqualification determined by the Magistrate.
3. Your partner has 28 days from the date of conviction to lodge an appeal to the District Court on severity of sentence. There is a possibility that he may be able to have the disqualification period reduced to 12 months (which is the statutory minimum for a High Range PCA that is a first offence).

If you wish to further discuss the prospects of success on appeal, or if you have any further questions, please do not hesitate to contact me on 02 9261 4555 and I will be able to speak to you further about the matter.
Amanda Tsang | Criminal Lawyer | Armstrong Legal

T (02) 9261 4555
Level 35, 201 Elizabeth Street, Sydney NSW 2000
Posts: 23
Joined: May 3rd, 2013, 10:10 am

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