Successful Severity Appeal in the District Court – Client Released on Intensive Correction Order Before Christmas Despite Extensive Traffic Record and Custody Sentence
How We Secured a Client's Release From Custody Before Christmas on Appeal
Jones Hardy Law recently acted for a client in a successful severity appeal from the Picton Local Court to the Campbelltown District Court after the Local Court imposed a sentence of full-time imprisonment for a series of serious driving offences.
The multiple matters presented as an exceptionally difficult appeal. The offences before the Court included:
- Drive while licence application refused – prior offence, contrary to section 54(4)(a) of the Road Transport Act 2013 (NSW);
- A further offence of drive while licence application refused – prior offence, contrary to section 54(4)(a) of the Road Transport Act 2013 (NSW); and
- Drive motor vehicle with illicit drug present in oral fluid, namely methylamphetamine, contrary to section 111(1)(a) of the Road Transport Act 2013 (NSW).
Our client had an extensive traffic history which included nine prior offences of driving whilst suspended or drive while licence application was refused. At the time of the offending, she was already on bail for separate strictly indictable criminal matters listed for trial in 2026. Further complicating the matter, the offending conduct constituted breaches of her existing bail conditions.
The offences before the Court included:
- Multiple offences of driving whilst licence application refused and driving while suspended; and
- Driving with methylamphetamine present in oral fluid.
Given the client’s extensive antecedents, repeated offending, bail breaches and the fact she committed further offences whilst awaiting trial on serious indictable matters, the Local Court considered that no sentence other than full-time imprisonment was appropriate.
Nine Prior Offences, Bail Breaches, and a Custodial Sentence Already Imposed
This was an exceptionally difficult appeal. The prosecution relied upon:
- Nine prior driving whilst suspended/refused offences;
- Repeated offending over a short period;
- Drug driving involving methylamphetamine;
- The fact the client was already before the courts for unrelated strictly indictable matters;
- Existing bail breaches;
- Poor traffic history; and
- The need for specific and general deterrence.
The client was sentenced to full-time imprisonment in the Local Court and faced the prospect of remaining in custody throughout the Christmas period.
Building an Appeal Around Genuine Rehabilitation and Mental Health Evidence
Jones Hardy Law undertook substantial preparation for the severity appeal, including:
- Filing a Notice of Appeal to the District Court on severity grounds;
- Preparing detailed affidavit evidence addressing the client’s background, insight and rehabilitation;
- Obtaining evidence of diagnosed ADHD and borderline personality disorder together with untreated mental health concerns;
- Gathering evidence of active engagement with rehabilitation services including Rendu House and the Drug Offenders Program; and
- Preparing submissions directed toward rehabilitation prospects, alternatives to full-time custody, and the structured supervision available under an Intensive Correction Order.
The evidence before the District Court demonstrated that despite the seriousness of the offending and the client’s poor history, she had begun taking meaningful and genuine steps toward rehabilitation following her time in custody.
An Intensive Correction Order in Place of Full-Time Imprisonment
The severity appeal was listed before the District Court at Campbelltown in December 2025.
Following detailed submissions and consideration of the fresh rehabilitation material, the District Court allowed the appeal and imposed an Intensive Correction Order in place of full-time imprisonment.
As a result, our client was released from custody prior to Christmas.
The outcome enabled the client to:
- Continue rehabilitation in the community;
- Undertake ongoing mental health treatment;
- Continue drug rehabilitation and counselling;
- Rebuild stability in her personal life; and
- Maintain ongoing responsibilities toward her children and family.
How Strong Appellate Advocacy Can Overturn a Custodial Sentence
Severity appeals involving repeated traffic offending, bail breaches and existing indictable proceedings are inherently difficult, particularly where a Local Court has already imposed imprisonment.
This case demonstrates the importance of carefully prepared appellate advocacy, comprehensive rehabilitation material, and presenting the District Court with a structured pathway toward rehabilitation.
Despite an extremely poor traffic history, active bail breaches, and full-time custody already being imposed, Jones Hardy Law successfully secured our client’s release on an Intensive Correction Order before Christmas, giving her the opportunity to continue rehabilitation within the community.
Need assistance with a criminal law matter in New South Wales? Get in touch with Nick Hardy today.