Successful severity appeal, sentence significantly reduced

R v MV

MV was charged with one count of murder contrary to section 18 of the Crimes Act 1900. He pleaded guilty in the Supreme Court and was sentenced to a term of imprisonment of 16 years and 2 months.

Chris Cole filed a severity appeal on behalf of MV in the Court of Criminal Appeal. This appeal was successful and MV was re-sentenced to a period of 15 years, with a non-parole period of 11 years and 3 months.

This was a great result for MV considering the maximum penalty for a charge of murder is a life sentence of imprisonment.

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.

Resist or hinder police, successful severity appeal avoids prison term and criminal record

R v JW

JW was charged with one count of ‘resist police/hinder police/incite another to assault/resist/hinder police’ contrary to s.546C of the Crimes Act 1900. This charge carries a maximum term of imprisonment of one year.

Chris Cole represented JW in relation to a severity appeal against his original sentence. Cole made submissions to the presiding Magistrate that JW should not have a criminal conviction recorded against him and instead should be dealt with by way of Community Corrections Order. This was accepted and JW successfully had his sentence overturned.

This was a great result for JW as he was able to maintain his liberty as well as avoid a criminal record.