Client receives community order for aggravated offence

Case study summary

We were approached by this client after she received three charges: one of theft, and two of racially aggravated harassment.

At her sentencing hearing, we were able to ensure she received a minor community order, despite the seriousness of the aggravated offences.

Case study

Our client came to our firm after she was charged with these offences. She was extremely embarrassed and disappointed in herself from the outset. She explained that she had been struggling with her mental health and a dependency on alcohol at the time of the offending, but had since taken steps to address this and reform herself.

She was aware of how seriously courts treat racially aggravated offences and was especially worried about how serious her punishment might be in this case.

We advised her on the case against her and explored our options to ensure the best outcome at sentencing by preparing extensive mitigation into her background and her relationship with alcohol.

She explained that she had been the victim of abusive relationships in the past and that her relationship with her father had often been unpleasant and emotionally abusive. Because of this, she had turned to alcohol as a coping mechanism.

When discussing the evidence of the case our client was especially remorseful and upset about the harm she accepted having caused. She explained she the things that she had said did not reflect who she was and that she would never have said those things if not for the alcohol.

At court, our expert solicitor advanced our client's mitigation and explained to the court that this bizarre and out of character behaviour stemmed from our client's alcoholism, which she was taking steps to address already.

The court was convinced by our arguments and recognised that the our client's behaviour was out of character and not reflective of her opinions. Despite the seriousness of a racially aggravated offence, the court was convinced that the most appropriate course of action was to impose a community order, which would assist our client with her recovery from alcoholism.

Because of this, our client was able to continue with her recovery and move past the stress and anxiety she felt due to the uncertainty of this court case.