$10 fine imposed for breaching a data access order

Our client was originally faced with a serious indictable charge, which if convicted would result in many years of imprisonment. As a result of our successful representation, the client was released to bail on that charge after spending a considerable period in custody whilst represented by other lawyers. The charge was ultimately discontinued before trial.

However, a further charge of breaching a data access order remained. The client also wanted to take this matter to trial, but there was a risk of a term of imprisonment, and incurring further costs should the matter result in a conviction. We advised the client to plead guilty on the basis that the time in custody with respect to the indictable charge could be credited towards this matter.

At sentencing, the Magistrate accepted our submissions. As a result, the client was sentenced to a nominal fine of $10.00 for breaching the data access order. This had the result that the client avoided any further time in custody, and also saved the costs of legal fees for the trial. The client was very happy with this result.

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