Non-Conviction for Possession of MDMA, And Dismissal for Possession of Cannabis

CD was charged with two counts of ‘Possess prohibited drug’—one for possession of MDMA, and a separate charge for possession of cannabis. The circumstances of the charges related to CD being searched at a music festival after being approached by a drug detection dog.

CD pleaded guilty to each of the offences. Chris Cole represented CD at his Sentence. He relied on CD’s Affidavit and various character testimonials in support of CD’s good character.

CD was sentenced with a Conditional Release Order without conviction for 12 months with respect to possession of MDMA. The Presiding Magistrate exercised his discretion and dismissed the charge of possession of cannabis.

This is a pleasing result for CD noting his young age and that any conviction would have an impact to his future employment opportunities.

Non-Conviction Sentence for a Second Drive with Illicit Drug Present Offence

PC was charged with ‘Drive motor vehicle with illicit drug present in blood’, contrary to section 111(1)(a) Road Transport Act 2013. This offence carries a maximum penalty of 30 penalty units or $3,300 fine and an automatic license disqualification 12 months.
Chris Cole represented PC at his Sentence. Various materials were tendered including a MERIT report, urinalysis reports, and Traffic Offenders Program completion certificate. Ultimately, the Presiding Magistrate agreed with Chris’s submissions and imposed a Conditional Release Order without conviction for 2 years.

This is a very pleasing result which sees PC remain ‘on the road’.

CRO Without Conviction for a Damaged Wall

ZW was charged with ‘Destroy or damage property-DV’, contrary to section 195(1)(A) Crimes Act 1900. The offence carries a maximum penalty of 5 years imprisonment.

The charge related to a verbal altercation between ZW and his wife. Their argument eventually resulted in ZW punching a hole in the wall of the house.

James Castillo negotiated amended Facts in favour of ZW. ZW pled guilty to the offence and was sentenced on the amended Facts.

The Presiding Magistrate sentenced ZW to a Conditional Release Order without conviction for 12 months.  

Non-Conviction Sentence for a Damage to a Motor Vehicle

BL was charged with ‘Intentionally/recklessly destroy or damage property”, contrary to section 195(1)(a) Crimes Act 1900 concerning a damage he caused to an uber vehicle after throwing an electronic cigarette at the said vehicle.

BL pleaded guilty to the offence. James Castillo represented BL at his Sentence. James relied on an Affidavit from BL and two character references. James made oral submissions asking the court to extend leniency to BL and exercise the Court’s discretion to impose a Conditional Release Order without conviction. The Presiding Magistrate agreed with James and imposed a CRO without conviction for 12 months.

This is a pleasing result for BL as a criminal conviction could potentially have impacted his pending Working Holiday Visa.

Conditional Release Order Without Conviction For Common Assault

AL pleaded guilty to the offence of ‘Common assault’ which carries a maximum penalty of 2 years imprisonment.

AL retained Chris Cole to act for her at her Sentence. Chris tendered various subjective materials on her behalf including her Affidavit and 3 character testimonials. Chris then made oral submissions on why the court ought to impose a Conditional Release Order without conviction.

The Presiding Magistrate agreed with Chris and imposed a CRO without conviction for a period of 12 months.

This is a pleasing result for AL as she is able to maintain her good character with a clean criminal record.

Sentence Facts Negotiated, CRO Without Conviction Imposed

MS was charged with ‘Assault occasioning actual bodily harm (DV related)’ contrary to section 59(1) of the Crimes Act 1900. This offence carries a maximum penalty of 5 years imprisonment.

 Chris Cole acted for MS. Prior to the Hearing commencing, Chris negotiated with the Prosecution whether they would accept a plea to the offence on the basis that MS was ‘reckless’ as to the alleged offending against the complainant. Chris proposed facts on sentence that reflected the correct objective seriousness of the offending. The Prosecution accepted the proposed plea and proposed facts on sentence.

 The matter proceeded to Sentence. At Sentence, Chris made submissions that a Conditional Release Order without conviction ought to be made, taking into account the reduced objective seriousness of the offending and MS’s subjective circumstances. The Presiding Magistrate agreed and placed MS on a Conditional Release Order without conviction for a period of 2 years.

 This is a very pleasing result for MS notwithstanding the serious nature of the offence.

Conditional Release Order Granted, No Conviction

JM was charged with ‘Break & Enter house etc steal value <= $60,000’, contrary to section 112 Crimes Act 1900, ‘Possess/attempt to Prescribed Restricted Substance’ contrary to section 16(1) of Poisons and Therapeutic Goods Act 1966. ‘Goods suspected stolen in custody of other’ contrary to section 527C Crimes Act 1900 and ‘Go onto or into or remain on or in running lines etc’, contrary to section 68J(1)(b) Passenger Transport (general) Regulation 2017.

In the Local Court JM was convicted of the ‘Break & Enter’ charge and was ordered to enter a Community Corrections Order pursuant to section 8 Crimes (Sentencing Procedure) Act 1999 for a period of 2 years. The remaining charges were placed on a Form 1.

An Appeal was filed to the District Court in relation to the severity of JM’s sentence.

Chris Cole represented JM at his District Court Appeal where he made submissions as to why Her Honour ought to allow the appeal and not convict JM of the ‘Break & Enter’ offence, instead placing him on a Conditional Release Order (without conviction), imposing a condition that he adhere to the Treatment Plan proposed by his treating psychologist. Her Honour was receptive to these submissions and allowed the appeal. JM was able to enter a Conditional Release Order (without conviction) supervised by Community Corrections and access a structured psychological treatment plan.

This was a very pleasing result for JM.