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.

Handed ADVO, Police agree to withdraw application

R v TP

TP had an Apprehended Domestic Violence Order made against him by Police following a domestic incident. Christopher Cole represented TP and his matter was heard at the Downing Centre Local Court.

Cole opposed the orders on behalf of TP, and Police agreed to withdraw the ADVO application against him. TP was very happy with this result.

Charged with several serious offences, all charges successfully withdrawn

R v CK

CK was charged with a number of moderately serious offences including ‘common assault’, ‘assault police officer in execution of duty and occasion actual bodily harm’, and ‘resist an officer’ contrary to the Crimes Act 1900.

Christopher Cole represented CK and argued that the charges should be withdrawn. The matter was heard at Picton Local Court and arguments were successful. All charges were withdrawn and CK was encouraged to pursue a civil claim against the Police Officer’s involved, if he so wished.   

Charged with three counts of aggravated sexual assault, found not guilty for all charges at trial

R v JP

JP was charged with three counts of aggravated sexual assault without consent, contrary to the Crimes Act 1900. Christopher Cole represented JP and the matter went to trial at the Parramatta District Court.

Pleas of ‘not guilty’ were entered for each of the charges. Grant Brady SC appeared as Counsel. Christopher Cole successfully argued JP’s case and he was found not guilty for all counts. This was a great result for JP as he was able to continue with his employment and move on with his life.

Convicted of one count of 'Intimidation' (DV); appealed conviction and appealed final ADVO order to the District Court; appeal upheld; charge dismissed

MS was convicted of one count of Intimidation (DV) after his former wife complained to police that during a road rage style incident he pulled over, banged on her windows, and threatened to kill her, while making a slashing gesture across his throat. At the time the complainant had their 1 year old infant in the car.

MS was represented in the Local Court defended hearing, having pleaded not guilty. However, he was convicted after all the evidence was heard, including the complainant’s evidence.

MS elected to appeal the conviction to the District Court. He also appealed the final ADVO.

Andrew Wright appeared in the appeal. Orders granting leave for the recall of the complainant were made on application to the court, as well as a police witness who was not called in the Local Court.

At the hearing of the appeal, the complainant was cross examined in detail and further submissions were made based on the multiple versions given by the complainant. The District Court Judge presiding was not satisfied beyond reasonable doubt that an offence had been proven, noting inconsistencies in both accounts before the court.

MS was acquitted of the criminal charge; the final ADVO order which had only several months remaining was confirmed.

Charged with 'assault occasion actual bodily harm' and 'common assault' on a mother and daughter in the local park, with a third eye witness giving evidence, pleads not guilty

TP, a 42 year old male, was charged with assault occasion actual bodily harm / alternately common assault for allegedly punching a woman in the chest, following which she alleged a breast implant was ruptured. TP was further charged for allegedly dragging the daughter of the woman along a park bench, so that her earring was ripped from her ear. A third person known to the complainants gave supporting evidence. TP pleaded not guilty.

Andrew Wright represented TP. He successfully persuaded the Magistrate that the prosecution case lacked corroboration, contained gaps, and was inconsistent. A defence case was called relying on evidence from TP’s wife. In the result, all charges were dismissed, and TP was found not guilty.

Charged with 'ongoing drug supply' for supply of heroin to a mid level dealer who onsold to University students, bail refused in the Local Court, bail granted in the Supreme Court

LL was charged with ‘ongoing drug supply’, that is, that he allegedly supplied prohibited drugs, on five occasions within a 30-day period, namely heroin, to a mid level dealer, who later on-supplied to university students. LL was also charged with ‘knowingly deal with the proceeds of crime’, in the sum of $40,000-odd in Australian currency; and also with ‘participate in a criminal group’. LL was charged with five other coaccused. LL, along with the coaccused who were initially charged, was refused bail in the Local Court. Mr Wright took over the matter following LL’s initial bail refusal.

Mr Wright prepared a Supreme Court bail application. Submissions were made based on a strong subjective case and an analysis of the prosecution case. The matter was complicated by uncertainty surrounding the status of the brief of evidence. Bail was in the result successfully granted, on conditions that LL reside at a family member’s address located away from the Sydney area, report to police, agree to forfeit $2,000 (self surety), and another acceptable person agree to forfeit $2,000.

'Aggravated robbery' conviction quashed, retrial ordered and bail successfully obtained

TI was charged with aggravated robbery. He faced a trial at Parramatta District Court in 2015 before a jury of 12. TI was subsequently convicted of the offence, and was sentenced to a total term of imprisonment of 14 years, comprising of a non-parole period of 9 years and 3 months. Chris Cole acted for TI in his conviction appeal in the Court of Criminal Appeal. Chris Cole instructed Simon Buchen of council at the appeal. TI’s conviction was subsequently quashed and a retrial ordered.

TI also had a number of break and enter offences for which he had pleaded guilty in the District Court and was awaiting sentence. On 27 august 2018, Chris Cole made a bail application for TI. Chris Cole was successful in obtaining TI bail, pending the retrial of the robbery offence as well as sentencing for the break and enter matters. This was a fantastic result having regard to the fact that TI had two offences for which he had to ‘show cause’ on his bail application.