5 Convictions and a Breach, Aggregate Sentence Imposed

MT pleaded guilty to five charges namely, 2x ‘Stalk/Intimidate with intent to cause fear’ contrary to section 13 Crimes (Domestic and Personal Violence) Act 2007, ‘Destroy/damage property by fire with intent to injure’ contrary to section 196(1)(b) Crimes Act 1900, ‘Escape lawful custody’ contrary to section 310D Crimes Act 1900 and, ‘Contravene AVO’ contrary to section 14 Crimes (Domestic and Personal Violence) Act 2007. On top of that, MT breached a Community Corrections Order for a prior offence.

Chris Cole represented MT in mitigation plea. Her Honour determined that all of the offences fell at the middle range of objective seriousness. She found MT’s prospects of rehabilitation as limited. The matter was not elected to the District Court. Each offence carries the maximum penalty of 2 years imprisonment. The maximum aggregate sentence the Local Court impose is 5 years. Taking early plea into consideration, Her Honour gave MT 25% discount on his sentence. Her Honour imposed indicative sentences for each of the offence and imposed an aggregate sentence for all of them. Ultimately, MT received an aggregate sentence of 3 years and 4 months.

Given all the circumstances and the nature of the charges, MT received a good result.

Charged with numerous serious drug and violence related offences, avoids prison term for Community Corrections Order

R v AC

AC was charged with numerous serious charges, including three counts of ‘stalk/intimidate with intent to cause fear of harm’, ‘use offensive weapon with intent to commit indictable offence’, ‘damage/destroy property’, ‘possess prohibited drug’ as well as ‘driving whilst disqualified’.

To make matters worse AC had also contravened a previous bond to be of Good Behaviour.

Matthew Berrell represented AC and the matter came before Katoomba Local Court. The presiding Magistrate accepted Berrell’s sentencing submissions and chose to impose a Community Corrections Order (CCO) on AC for a period of two years, as well as 200 hours of Community Service work and an order to continue receiving regular counselling sessions.  

This was a fantastic result for AC as he very easily could have been sentenced to a gaol term. Each charge of ‘stalk/intimidate’ carries a maximum sentence of five years, whilst a charge of ‘use offensive weapon’ carries a maximum sentence of seven years. Instead AC was able to remain in the community and receive ongoing mental health treatment.