Murder Conviction, Special leave to appeal in High Court granted

MS was charged and convicted of ‘Murder’ contrary to section 18(1)(a) Crimes Act 1900. He was sentenced to imprisonment for 26 years and 6 months with a non-parole period of 19 years and 6 months.

This is a case of assault turned to ‘murder’ as what the Crown case asserted. The victim is almost 80 years old with existing health problems and complications at the time of the incident. He was assaulted and got hospitalised. Months after, he died. The Defence case is grounded upon causation of the victim’s death.

MS is represented by Chris Cole and two Public Defender Counsels, Belinda Rigg and Tom Quilter. In making their Special Leave application, they argued the ground of miscarriage of justice on cause of death. Special leave to appeal in High Court was granted. Whether there was miscarriage of justice is now to be decided by the High Court.

'Affray' and 'Offensive Behaviour" Dismissed

MA was charged with ‘Affray’ contrary to section 93C(1) Crimes Act 1900 and ‘Behave in Offensive Manner’ contrary to section 4 Summary Offences Act 1988 with two co-accused.

MA pleaded not guilty and had a defended Hearing at Parramatta Local Court.

Chris Cole represented MA in the Hearing. Chris made use of the CCTV footage as primary evidence for the defence. Following the prosecution’s and defence’s cases, Chris also prepared written submissions on behalf of the defendant and tendered it to the court. Her Honour accepted the submissions and ruled in favour of the accused.

Her Honour found MA not guilty of both charges and dismissed the charges. There is no better outcome in a criminal matter than this.  

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 3 Driving Offences, Convicted of Only One

RI was charged with three driving offences— ‘Exceed speed limit >20km/h’, ‘disobey red no right turn signal’ and ‘disobey marked line’.

Chris Cole represented RI in this matter. Chris negotiated with Police that in exchange for pleas of guilty on the first two offences, the police will withdraw the third offence. It was a successful negotiation for RI and the plea offer was accepted with the third offence withdrawn.

RI was sentenced for the offences he pleaded guilty on. In relation to the speeding offence, Her Honour convicted RI and fined him $550. In relation to the other offence, Her Honour placed him on a Conditional Release Order subject to a good behaviour for a period of 6 months with no conviction.

Regarding demerit points, it was also a success for RI having only accrued 4 demerit points from the speeding offence, instead of having 9 for the three offences. 

Charged with 4 Drug-related Offences, Bail Granted

SV is charged with four offences-- two counts of ‘Supply Prohibited Drug’, ‘Deal with proceeds of crime’ and ‘conduct drug premises while child present’.

Chris Cole represented SV on his release application at Penrith Local Court. He made submissions and tendered documents supporting why SV needs to be released from custody including a letter from SV’s wife. His Honour granted bail with strict but reasonable conditions.

This result is great for SV as not everyone charged with the same type of offences is granted bail.

Charged, Negotiated and Withdrawn

MA was charged with two offences namely, ‘Armed with intent’ contrary to section 114(1) Crimes Act 1900 and ‘Affray’ contrary to section 93C Crimes Act 1900.

MA pleaded not guilty to both charges. Chris Cole reviewed the Brief of Evidence in its entirety including reviewing CCTV footages and perusing statements made by independent witnesses. After careful analysis, it became evident that self-defence is a strong argument for MA.

Chris Cole prepared representations to the police to withdraw the mentioned charges on the basis of self-defence. Initially, the Commander refused to accept the representations and the matter was set for hearing. At the end, the charges were withdrawn, and the matter was dismissed.

This is a successful negotiation story.

Pleaded guilty to three counts of fraud, CRO for 12 months imposed

SV pleaded guilty to three (3) counts of ‘Dishonestly Obtain Financial Advantage’ contrary to section 192E of the Crimes Act 1900.  The maximum penalty for this offence is imprisonment for 10 years.

Chris Cole represented SV at the Penrith Local Court before His Honour Magistrate Van Zuylen. Chris made Sentence Submissions on SV’s behalf. His Honour imposed Conditional Release Orders without conviction for all three counts for a period of 12 months.

This is an outstanding result for SV.

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.

Minimal fine ordered against a company convicted with five counts of 'Failure to Nominate Driver'

OP, a company, was convicted with five (5) counts of ‘Failure to Nominate Driver’ contrary to section 188(1) of the Road Transport Act 2013. The maximum penalty for the offence is 100 penalty units which is equivalent to $11,000.00.  

Chris Cole represented OP on this matter and appeared before Her Honour Magistrate Giles at the Downing Centre Local Court. OP was sentenced with the penalty of only $2,500.00 in relation to all five (5) counts OP was convicted with.

This is an outstanding result for OP considering that the last fine which was given to the company for that offence was $3,813.00.

Drove drunk with 0.140 above PCA, minimum disqualification imposed

DB was convicted with ‘driving with middle range PCA’ contrary to section 110 (4)(A) of the Road Transport Act 2013 after a finding of 0.140 blood alcohol concentration.

Chris Cole represented DB on this matter and appeared before the Downing Centre Local Court.

Chris tendered DB’s Affidavit and a number of character references from DB’s family and friends. The Presiding Magistrate ordered the minimum disqualification period of three (3) months and mandatory interlock order of twelve (12) months.

This is a reasonable result considering the aggravating features of the offence.

Successful appeal of visiting privileges withdrawal, withdrawal reduced from 7 months to 2 months

KM’s driving visiting privileges was withdrawn in New South Wales for seven (7) months due to demerit point offences including an extreme speeding offence. The withdrawal was made on the ground that KM is not a fit and proper person to drive a motor vehicle in NSW.

Chris Cole appealed the decision of RMS at the Downing Centre Local Court on the grounds of good character and necessity of his license for family and work purposes.

The Presiding Magistrate accepted the appeal and reduced the suspension to two (2) months and two (2) days.

This is a great result for KM.

Failed to lodge BAS and Income Tax Return, minimal fine of $1,500 ordered

MB was charged with ‘failure to lodge Business Activity Statement’ and’ failure to lodge Income Tax Return’ contrary to section 8C(1)(a) of the Tax Administration Act 1953. In MB’s circumstances, the maximum possible fine that can be imposed for the first charge is $43,600. Consequently, the maximum possible fine that can be imposed for the second charge is $15,000.

Chris Cole represented MB on his matter at the Downing Centre Local Court. MB entered guilty pleas on 9 counts of failure to lodge Business Activity Statement and 3 counts of failure to lodge Income Tax Return. Her Honour imposed a total sum of $1,500 fine for all of the above convictions.

In comparison with the total maximum possible fine the Court can impose against MB, MB received a great outcome with a very low fine imposed.

Convicted with mid-range drink-driving, small fine and no term of imprisonment imposed

JB was charged with ‘driving with middle range PCA’ contrary to section 110 (4)(A) of the Road Transport Act 2013 after a finding of 0.114 blood alcohol concentration. The offence carries a maximum term of imprisonment for 9 months, a maximum fine of $2,200 or both for first offence.

Chris Cole represented JB and the matter came before the Sutherland Local Court.

Chris tendered materials including Affidavit and Character References on behalf of JB. The Presiding Magistrate imposed a fine of only $1,000 and a 3-month mandatory interlock order with no term of imprisonment.

With the seriousness of the driving offence, this is an impressive result for JB.

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.

Charged with seven offences including assault an officer and resist police, successful s 32 application

R v JB

JB was charged with seven offences including fail to leave premises, resist police, assault an officer in the execution of their duty and more.

The charges arose after JB attended a music festival and was denied entry due to intoxication.

Chris Cole represented JB and noted that a section 32 application pursuant to the Mental Health (Forensic Provisions) Act would be appropriate due to JB’s mental state at the time of offending.

Medical reports were obtained and the matter came before Her Honour Wynhausen at the Burwood Local Court. Her Honour accepted the application, and ordered JB to continue his mental health treatment plan as an alternative to a criminal conviction.

This was an excellent result for JB as he was able to maintain his clear criminal record, as well as access the medical services that he required.

Drove whilst licence was suspended, no conviction recorded

R v MT

MT was charged with ‘drive whilst licence suspended’ contrary to section 54(3) of the Road Transport Act. That offence carries a maximum term of imprisonment of six months, and a maximum fine of $3,300.00.

Chris Cole represented MT and the matter came before the Downing Centre Local Court.

Affidavits and character references were tendered, and the presiding Magistrate chose not to record a conviction against MT. The matter was dismissed pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act.

This was a great result for MT who did not receive a criminal record and was able to continue driving.

Arrested for drug possession one day into Conditional Release Order, no conviction recorded

R v TM

TM was charged with ‘possessing a prohibited drug’, namely cocaine, contrary to section 10 of the Drug Misuse and Trafficking Act.

Unfortunately for TM, at the time he was charged he was one day into a Conditional Release Order which was imposed by the Court for a driving matter.

TM pleaded guilty to ‘possessing a prohibited drug’, and the matter proceeded to sentence in the Downing Centre Local Court on 24 April 2019.

TM had undertaken a substantial amount of rehabilitation and community service work. Chris Cole appeared for TM at the sentence.

Chris Cole convinced the magistrate not to take any action on the breach of the Conditional Release Order. TM was given a further opportunity, and a further Conditional Release Order without conviction was imposed by the magistrate.

This was a great result for the client, as he could maintain his conviction-free criminal record and good character.

Charged with drink-driving (low-range), avoids criminal conviction

R v DM

DM was charged with ‘drive with low-range PCA’ contrary to section 110 of the Road Transport Act 2013.

Chris Cole represented DM and obtained extensive subjective material in order to prepare for his matter.

DM came before the Downing Centre Local Court and the presiding Magistrate accepted this material, and chose not to record a conviction. DM was placed on a Conditional Release Order for the duration of 12 months pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

This was a great result for DM as he avoided a criminal record.

Caught with prohibited drug, charge dismissed with no criminal record or bond

R v SK

SK was charged with ‘possess prohibited drug’ contrary to section 10(1) of the Drug (Misuse and Trafficking) Act 1985.

Chris Cole represented SK in the Downing Centre Local Court.

The presiding Magistrate accepted representations made on behalf of SK, and dismissed the matter pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

She did not receive a criminal conviction.

This was a great result for SK as she was able to avoid any criminal record.

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.