High range PCA (Prescribed Concentration of Alcohol) is a very serious offence with significant consequences. On the current statistic, 97% of people charged with High Range PCA are convicted, subject to serious penalty of which often includes gaol, lose their licence and subject to an interlock order for 24 months. In a worst-case scenario, the offence of High Range PCA is punishable by a maximum penalty of 20 penalty units (being a fine of $3,300) and/or imprisonment for 18 months.

On 31 July 2024, Jones Hardy recently appeared on behalf a young man before NSW Local Court who had been charged with Drive with High Range Prescribed Concentration of Alcohol – 1st Offence pursuant to s 110(5) of the Road Transport Act 2013 (NSW) (the Charge). In addition to the Charge, the offending conduct included a serious car accident. Our client was lucky not to have seriously injured himself or another person.

In accordance with our instructions, we entered a plea of guilty to the Charge and proceeded straight to sentence on the first occasion.

The challenge in every drink driving matter, let alone High Range Drink Driving, is to avoid a serious penalty, such as a term of imprisonment and lengthy licence disqualification.  In this matter, it was of serious concern that our client was going to be sentenced to a term of imprisonment.

In this matter, our Principal Solicitor, Nick Hardy, spent time familiarising our clients with the sentencing guidelines and how they can best apply their unique circumstances to the specific charge of High Range Drink Driving to ensure that he could argue effectively for the most favourable outcome. For example, in this matter, we advised our client on case law, such as the Guideline Judgement (Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) – NSW Caselaw). Jones Hardy know how to craft strong legal arguments, referencing relevant case law and sentencing guidelines to advocate for a fair and proportionate sentence.

As is the case with all of our clients facing a difficult sentence hearing, we spent time advising our client how to best prepare their matter.

We prepared detailed written submissions outlining the complex set of circumstances to ensure the best subjective case possible was put before the court.

A well pre-prepared case highlighting mitigating factors that reduced the severity of the sentence is extremely important. This commonly includes presenting evidence of the client’s good character, remorse, and any efforts at rehabilitation. We ensured that all relevant factors are considered, potentially leading to a more favourable sentence for the client.

Appearing in court for a complex sentencing hearing can be a daunting experience.

Before the hearing, Jones Hardy we discussed the case details with our client, including the possible outcomes and the strategy for presenting mitigating factors on sentence.

At the sentence hearing, the prosecution will present the facts of the case, including any aggravating factors that might influence the severity of the sentence. Jones Hardy will then present mitigating factors, such as your background, character references, and any circumstances that might lessen the severity of the sentence.

 Magistrates and judges follow specific guidelines to ensure fairness and consistency in sentencing. They will almost always consider the nature of the offense, the impact on victims and any previous convictions along with your subjective case before determining the appropriate sentence.

At the sentence hearing our Principal Solicitor, Nick Hardy, tendered written submissions outlining our client’s subjective case in detail and applied it to the relevant sentencing principles. We also tendered numerous character references, our client’s letter to the Court, subjective and medical material.

After considering all of the material before the Court, the Magistrate was persuaded to make the following orders and directions:

1. Our client was found guilty.
2. Without proceeding to conviction our client was directed to enter into a Conditional Release Order pursuant to Section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 for a period of 24 months.

The Conditional Release Order was subject to the following standard conditions:

1. Must not commit any offences.
2. Appears before the Court if you are called on to do so during the term of the Order.
3. Notify a New South Wales Local Court Registry of any change of address within seven days of relocating.

The Conditional Release Order is subject to no additional obligations.

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