VIC Likelihood of interstate extradition?

[lola93]

So someone attempted to rob a service station and left with nothing, was arrested and charged with attempted robbery eventually got a 3 month corrections order. The breached the order by not showing up for first appointment and also stole alcohol from a place they were known. They fled interstate to western Australia. Now my question is what is the likelihood of them being extradited for breaching a correction order? My thoughts are why would the government waste the money for a relatively minor offence, but person in question is worried. Thanks for any answers.

 

[lola93]

Ok person just told me the community based order was for 12 months not 3, don't know if that will make a difference

 

[Tim W]

Even a person on a CCO is convicted and under sentence.
So yes, he could well be an escapee.
Which means that in theory, yes, it's possible for him to be extradited.

But is it likely ? Not especially.
For example, there will probably not be any WAPOL tactical police going through his door at 4am.
On the other hand, first time he's stopped at RBT, gets in a pub fight, does DV, gets caught without a train ticket,
or for some other reason comes under notice of WAPOL, then it's certainly possible for him to be arrested.


What's it to *you?

 

[lola93]

What's it to me is he's been a friend for years and has essentially turned his life around. I was just trying to gauge whether he'd be better off going back to Vic to deal with it or if he's essentially off the hook. So is a person on a community based order essentially a prisoner in the community? I'm just a bit confused by the "escapee" comment, seems from what I've read it will greatly depend on whether Victoria issues an extradition order or whatever it's called, so seems it could go either way.

 

[Tim W]

...or if he's essentially off the hook.

He remains "on the hook".
By breaching the terms of his order, he's looking at two things.
Breaching the order can be a new, separate offence.
Separately, and in addition, he faces the prospect of a revised sentence
on the thing he got the CCO for in the first place.
And yes, he can be arrested for either or both offences in WA, or anywhere else in Australia.

So is a person on a community based order essentially a prisoner in the community?

Pretty much, yes.
Don't confuse it with a bond, which doesn't always involve a conviction.

I'm just a bit confused by the "escapee" comment, seems from what I've read it will greatly depend on whether Victoria issues an extradition order or whatever it's called, so seems it could go either way.

He's a sentenced prisoner. The difference is that he's in the community, rather than behind the wire.
Further, it is very often - even usually - a condition in Victoria
that the person stays within the state for the duration
(unless they get formal permission to leave).
In effect, his prison wall is the state border, not some wire fence.
If he leaves, he's escaping.

 

[lola93]

Thankyou for your reply it was very informative.