R v DS
On 2 April 2019, Chris Cole appeared for DS in the Local Court of NSW. DS was charged with and pleaded guilty to possessing a prohibited drug.
DS was in an unfortunate position in that he had previously been found guilty of an offence and sentenced to a Conditional Release Order without conviction, pursuant to section 10(1)(b) of the Crimes (Sentencing and Procedure) Act.
The previous Conditional Release Order expired two months prior to the commission of this offence.
After material was tendered and submissions were made for a further non conviction, the presiding magistrate deemed it inexpedient to record a conviction, and additionally dismissed the matter without imposing a Conditional Release Order.
This meant that the charge was dismissed in its entirety. This was another fantastic result, one in which DS could maintain his good character and standing within the community.