Charged with Multiple Drug-related Offences, Downgraded and Form 1 Granted, Sentenced to Intensive Correction Order

JM was charged with four offences ­-- ‘Supply Prohibited Drug’, ‘Possess Prohibited Drug’, ‘Drive with drug present in oral fluid’ and ‘Proceeds of Crime’.

Chris Cole represented JM in this matter. The charge of ‘Supply of Prohibited Drug’ was downgraded to ‘Knowingly take part in supply of prohibited drug’ and the further offence ‘Proceeds of Crime’ was placed on a Form 1.

Chris represented JM at Downing Centre Local Court where he tendered materials and made oral submissions supporting JM’s otherwise sound character and remorse at his offending behaviour.

Due to his lack of prior offences and low risk of reoffending His Honour sentenced JM to an Intensive Correction Order of 10 months with supervised drug screens for to ‘Knowingly take part in supply of prohibited drug’, a Fine of $330 for ‘Possess Prohibited Drug’ and Conditional Release Order (without conviction) of 10 months.

This is a very pleasing result for JM given the maximum term of imprisonment for these charges. He instead is able to remain in the community and continue driving

No Imprisonment for Conviction of Reckless Wounding, ICO ordered for 22 months.

IR was convicted with the offence of ‘Reckless Wounding’ contrary to section 35(4) of the Crimes Act 1900. The maximum penalty for this offence is imprisonment for seven (7) years.

Chris Cole represented IR at the Downing Centre Local Court before Magistrate Swain LCM. Chris tendered a bundle of various materials on IR’s behalf including a Psychiatric Report, letters from the IR’s wife, mother and other people who know him. Also tendered are his personal letters to the Magistrate and to the victim. Chris also prepared a lengthy written submissions on behalf of IR.

Her Honour was of the view that there was no other alternative than imprisonment for IR’s offence. However, as Chris has submitted, Her Honour ordered the term of imprisonment be served by way of an Intensive Corrections Order (ICO). IR is sentenced with the term of ICO for 22 months and 15 days.

With the view of the nature of the offence and maximum penalty that could have been imposed, this is a reasonable result for IR.

Intensive Corrections Order granted for three counts of 'dishonestly obtain financial advantage'

R v LD

LD was charged with three counts of ‘dishonestly obtain financial advantage’ contrary to section 192E(1)(b) of the Crimes Act 1900. This is a very serious charge that carries a maximum term of imprisonment of 10 years, LD had a criminal history of fraud-related offences that further increased the seriousness of his case.

Chris Cole represented LD and the matter was heard at the Downing Centre Local Court. He was sentenced to an aggregate term of imprisonment of 12 months, to be served by way of an Intensive Corrections Order (ICO). An ICO is a type of imprisonment that allows offenders to serve their time in the community, under several restrictions. In this case LD was ordered to abstain from alcohol and drugs, enter a Gambling Treatment Program and commit no further offences.

This was an amazing result considering the seriousness of the charges. LD was able to remain in the community and receive the treatment that he needed rather than incarceration.