Charged with larceny, avoids criminal conviction under the Mental Health Act

March 28, 2019 Evangeline Crowther Gibson

R v SB

SB was charged with two counts of ‘larceny’ contrary to section 117 of the Crimes Act 1900. Each count of larceny carries a maximum term of imprisonment of five years. The case against SB was strong, with multiple witness accounts and CCTV footage.

Bill O’Brien represented SB and the matter came before the Downing Center Local Court. A section 32 application was made pursuant to the Mental Health (Forensic Provisions) Act 1990. This section states that a presiding magistrate may sentence persons suffering from a mental illness or condition to treatment, rather than to a term of imprisonment.

The matter came before Magistrate Susan MckIntyre, who accepted the application and chose to dismiss the charges against SB and order her to continue her mental health treatment.

This was a fantastic result for SB, as she was very concerned about the impact that a criminal record would have on her business and career.

21 year old man charged with 26 offences of drug possession and supply, avoids imprisonment

April 20, 2018 Evangeline Crowther Gibson

AF was charged with 23 counts of 'supply a prohibited drug' and three counts of 'possess prohibited drug' contrary to the Drug Misuse and Trafficking Act 1985.

Man charged with 'assault occasioning actual bodily harm' after domestic dispute, dismissed under section 10

April 12, 2018 Evangeline Crowther Gibson

JB was charged with one count of 'assault occasioning actual bodily harm' contrary to the Crimes Act 1900.

A first offence of driving with mid-range PCA dismissed under section 10

March 13, 2018 Evangeline Crowther Gibson

The facts involved BF driving his family's golf buggy one evening to drop his girlfriend home, who lived in a nearby area. The buggy had a maximum speed of 10km/h and the route did not involve any main roads.

Charged with 'possess prohibited drug' (cocaine), excused under Mental Health Act

February 12, 2018 Evangeline Crowther Gibson

JM was charged with one count of 'possess prohibited drug' (cocaine) contrary to the Drug Misuse and Trafficking Act 1985.

Charged with 'common assault domestic violence related', all charges dismissed

January 29, 2018 Evangeline Crowther Gibson

RD was charged with one count of 'common assault domestic violence related', contrary to the Crimes Act 1900.

Charged with high-range drink-driving, on appeal has conviction dismissed and escapes criminal record

January 18, 2018 Evangeline Crowther Gibson

EM was charged with one count of 'drive with high range PCA - first offence' contrary to the Road Transport Act 2013. Her PCA reading was 0.169, therefore well within the range of a high-range offence.

Caught possessing a prohibited drug at Randwick Races, charge dismissed

December 14, 2017 Evangeline Crowther Gibson

CM was charged with one count of 'possess prohibited drug' contrary to the Crimes Act 1900.

Intoxicated break and enter, dismissed under Mental Health Act

November 13, 2017 Evangeline Crowther Gibson

LC was originally charged with 'aggravated break and enter and commit serious indictable offence', contrary to the Crimes Act 1900.

17 counts of sell tobacco product without a health warning

November 13, 2017 Evangeline Crowther Gibson

LL was charged with 17 counts of 'sell tobacco product in a package not marked with a health warning’ contrary to section 7(2) of the Public Health (Tobacco) Act 2008.

Charge of 'affray' after altercation at public venue, found not guilty

October 23, 2017 Evangeline Crowther Gibson

The facts in this matter involved VB exiting a hotel that he had been drinking at for a number of hours, and approaching two men he mistakenly identified as persons he had been arguing with earlier in the evening. VB attempted to push one of the men, who responded by punching him across the face. VB fell to the ground, at which point both men kicked him in the head, causing significant injuries.

Supply prohibited drug dismissed under section 10 bond on appeal

July 24, 2017 Evangeline Crowther Gibson

BB was charged with one count of possess a prohibited drug and one count of supply prohibited drug contrary to the Drug Misuse and Trafficking Act.

Bail granted for serious charge of import commercial quantity of border-controlled drug

July 20, 2017 Evangeline Crowther Gibson

Mr GA was charged with import a commercial quantity of border controlled drug and possess counterfeit money. Mr GA had on his record prior convictions for possessing suspected proceeds of crime, less or equal to $100,000, and a conviction for possession of counterfeit currency.

Offence of dangerous driving occasioning grievous bodily harm, good behaviour bond and disqualification

July 20, 2017 Evangeline Crowther Gibson

MC was charged with one count of dangerous driving occasioning grievous bodily harm and one count of cause bodily harm by misconduct.

Two counts of sexual intercourse with a child ages 10 - 14, prison term of only two years

July 20, 2017 Evangeline Crowther Gibson

SB was charged with six counts of aggravated indecent assault and six counts of aggravated sexual assault. The charges were laid in 2016 however they related to acts committed in 2004. After negotiations between our office and the ODPP prosecution, SB’s charges were revised and he pleaded guilty to two counts of sexual intercourse with a child aged 10-14 contrary to s66C(2) of the Crimes Act 1900 which each carry a maximum prison sentence of twenty years.

Numerous offences relating to supply large commercial quantity of prohibited drug, sentenced to 8 years

July 20, 2017 Evangeline Crowther Gibson

DR was charged with supply a prohibited drug, knowingly deal with proceeds of crime, and supply large commercial quantity of a prohibited drug.

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