Pleaded Guilty to Driving with Low-range PCA, Received a CRO with no conviction

CD was charged with the offence of ‘Driving with Low-Range PCA’. He pleaded guilty at the earliest opportunity. Chris Cole represented him on his sentence submissions. Chris tendered materials on his behalf and made oral submissions as to why he should not be convicted.  His Honour agreed and imposed a Conditional Release Order without conviction pursuant to section 9(1)(b) of Crimes (Sentencing Procedure) Act 1999 subject to good behaviour bond for two years.

This is a pleasing result for CD as a conviction which leads to license suspension would greatly affect his own business requiring him to drive long distances each day and eventually affect his ability to provide for his wife and newborn baby.

Charged with 3 Driving Offences, Convicted of Only One

RI was charged with three driving offences— ‘Exceed speed limit >20km/h’, ‘disobey red no right turn signal’ and ‘disobey marked line’.

Chris Cole represented RI in this matter. Chris negotiated with Police that in exchange for pleas of guilty on the first two offences, the police will withdraw the third offence. It was a successful negotiation for RI and the plea offer was accepted with the third offence withdrawn.

RI was sentenced for the offences he pleaded guilty on. In relation to the speeding offence, Her Honour convicted RI and fined him $550. In relation to the other offence, Her Honour placed him on a Conditional Release Order subject to a good behaviour for a period of 6 months with no conviction.

Regarding demerit points, it was also a success for RI having only accrued 4 demerit points from the speeding offence, instead of having 9 for the three offences. 

Pleaded guilty to three counts of fraud, CRO for 12 months imposed

SV pleaded guilty to three (3) counts of ‘Dishonestly Obtain Financial Advantage’ contrary to section 192E of the Crimes Act 1900.  The maximum penalty for this offence is imprisonment for 10 years.

Chris Cole represented SV at the Penrith Local Court before His Honour Magistrate Van Zuylen. Chris made Sentence Submissions on SV’s behalf. His Honour imposed Conditional Release Orders without conviction for all three counts for a period of 12 months.

This is an outstanding result for SV.

Arrested for drug possession one day into Conditional Release Order, no conviction recorded

R v TM

TM was charged with ‘possessing a prohibited drug’, namely cocaine, contrary to section 10 of the Drug Misuse and Trafficking Act.

Unfortunately for TM, at the time he was charged he was one day into a Conditional Release Order which was imposed by the Court for a driving matter.

TM pleaded guilty to ‘possessing a prohibited drug’, and the matter proceeded to sentence in the Downing Centre Local Court on 24 April 2019.

TM had undertaken a substantial amount of rehabilitation and community service work. Chris Cole appeared for TM at the sentence.

Chris Cole convinced the magistrate not to take any action on the breach of the Conditional Release Order. TM was given a further opportunity, and a further Conditional Release Order without conviction was imposed by the magistrate.

This was a great result for the client, as he could maintain his conviction-free criminal record and good character.

Charged with drink-driving (low-range), avoids criminal conviction

R v DM

DM was charged with ‘drive with low-range PCA’ contrary to section 110 of the Road Transport Act 2013.

Chris Cole represented DM and obtained extensive subjective material in order to prepare for his matter.

DM came before the Downing Centre Local Court and the presiding Magistrate accepted this material, and chose not to record a conviction. DM was placed on a Conditional Release Order for the duration of 12 months pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

This was a great result for DM as he avoided a criminal record.

Convicted for damaging property, raised visa concerns - on appeal no conviction

R v SV

SV pleaded guilty in the Local Court to one count of ‘destroy/damage property’ contrary to section 195 of the Crimes Act 1900.

The offence carries a maximum penalty of five years imprisonment.

Chris Cole did not act for SV in the Local Court. In the Local Court the Magistrate convicted and fined SV for the offence. This was problematic for SV as he was on a bridging visa and had applied for permanent residency.

Chris Cole appeared on appeal in the District Court at Parramatta on the 11th April 2019.

Chris made submissions to the learned Judge as to why SV ought not to be convicted of the offence. The Judge agreed, upheld the appeal and instead placed SV on a Conditional Release Order without conviction for a period of nine months.

This result meant that SV’s ‘visa issues’ were obviated.

This was a great result as SV was married and had a young child born in Australia. He was able to remain with his family.

Drives whilst disqualified three times, manages to avoid conviction

R v JF

JF was charged with driving whilst disqualified in 2018. Chris Cole representd JF and his matter was adjourned in December 2018 so that he may obtain an interlock licence.

In the intervening period before this licence was obtained JF committed two further offences of driving whilst disqualified.

JF’s matter came before the Manly Local Court and Christopher Cole persuaded the presiding Magistrate not to record convictions against him. Instead he was sentenced pursuant to section 9(1)(b) of the Crimes (Sentencing Procedure) Act and placed on three times Conditional Release Orders for the duration of two years.

This was an outstanding result for JF considering that he had re-offended two times. He was able to avoid a criminal record.

Possess prohibited drug, Section 10(1)(a) dismissal even with previous Conditional Release Order

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.

Charge of common assault, no criminal conviction recorded

R v EH

EH was charged with one count of ‘common assault’, contrary to the Crimes Act 1900. A charge of common assault carries a maximum term of imprisonment of two years. Christopher Cole represented EH and a plea of guilty was entered at the Burwood Local Court.

The presiding magistrate accepted representations made on behalf of EH and sentenced her pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1995. No conviction was recorded and instead EH was placed on a Conditional Release Order to be of good behaviour for 18 months. This was a fantastic result for EH as she was able to maintain a clear criminal record.

Charged with 'destroy/damage property', escapes jail sentence for Conditional Release Order

R v JG

JG was charged with one count of ‘destroy/damage property’ contrary to the Crimes Act 1900. This charge carries a maximum term of imprisonment of five years. Christopher Cole represented JG and his matter was heard at the Sutherland Local Court.

JG was sentenced under section 10 of the Crimes (Sentencing Procedure) Act and was found guilty without proceeding to a conviction. He was placed on a Conditional Release Order for a period of 12 months. This allowed JG to maintain his liberty and was a great result considering the severity of the facts and charge laid against him.