Our client had incurred infringements in excess of $50,000 whilst using the toll roads in Victoria over a period of 3 years and not paying her account when it was due.
During the offending period, she had taken over the finances of the family home for her parents, whilst dealing with the criticism of her marrying a man outside of her religious beliefs. She became quite depressed however continued to support her family financially and emotionally which set her own finances backwards and placed her in considerable debt.
The Magistrate had 4 options in this case –
- To immediately imprison for a period of almost one year
- To require my client to pay the entire amount on a payment plan
- To reduce by one third and allow my client to undertake a payment plan or
- To reduce by two thirds and allow my client to undertake a payment plan.
Submissions were made in relation to her circumstances at the time that the infringements were incurred and that although she did not fall within the category of homelessness, drug/alcohol addiction or mental illness, that she did in fact have special circumstances which
ought be considered by the Court.
Submissions were further made as to the successful work she does with children in the community who have turned to offending because of their upbringings.
The Magistrate agreed with submissions and reduced the fines by two third, a substantial reduction of about $34,000.