Conditional Release Order Without Conviction

MR was charged with ‘Destroy / damage property’, contrary to s 195(1)(A) Crimes Act 1900 and ‘Stalk / intimidate intend fear physical etc harm’, contrary to s 13(1) Crimes Act 1900. The alleged victim in the incident was MR’s ex-partner.

Pleas of guilty were entered to both charges and the matter proceeded to Sentence. James Castillo tendered materials and made oral submissions on MR’s behalf at the Downing Centre Local Court.

Ultimately, His Honour sentenced MR to a Conditional Release Order without conviction for a period of 2 years. Under this Order, MR must not commit any offences for the duration of the Order, and he must appear before the Court if called to do so. An Apprehended Domestic Violence Order was finalised for the same period.  

This is a very pleasing result, especially noting that MR’s long-term employment could not continue had he received a criminal conviction.

Conditional Release Order, No Criminal Conviction Recorded

IB faced two assault charges against his ex-partner, namely ‘Assault Occasioning Actual Bodily Harm’, contrary to s 59 Crimes Act 1900 and ‘Common Assault’, contrary to s 61 Crimes Act 1900. Chris Cole represented IB on both charges.

Chris entered discussions with the Prosecution and negotiated to withdraw Sequence 2 ‘Common Assault’, in exchange for a plea of guilty to Sequence 1 ‘Assault Occasioning Actual Bodily Harm’. The Prosecution ultimately agreed to withdraw the ‘Common Assault’ charge.

A plea of guilty was entered to the offence of ‘Assault Occasioning Actual Bodily Harm’ and the matter proceeded to Sentence. Chris presented written and oral submissions on IB’s behalf.

Ultimately, His Honour agreed that IB ought not be convicted. Consequently, IB was placed on a Conditional Release Order without conviction, for the duration of 2 years. The Order requires IB to be of good behaviour for said duration. An AVO was finalised for a period of 2 years.

This is an outstanding result for IB.

‘Possess Prohibited Drug’ Non-Conviction, Placed on Conditional Release Order

TM was charged with ‘Possess Prohibited Drug’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole represented TM in Sentence proceedings. He tendered various materials and made oral submissions concerning why Her Honour ought not convict TM of the offence. Her Honour considered the submissions and ultimately, she did not convict TM, instead placing him on a Conditional Release Order for a period of 2 years. The terms of that order are that TM does not commit any further offences for the duration of that Order.

This is a fantastic result for TM.

Section 32 Application Granted

KM was charged with ‘Stalk intimidate intend to cause fear of physical etc harm (domestic)’, contrary to s 13(1) Crimes (domestic and Personal Violence) Act 2007.

Christopher Cole acted for KM in her Section 32 Application. In support of the application, Chris made oral submissions and tendered various materials on KM’s behalf.

After careful consideration, Her Honour allowed the matter to be diverted away from the criminal justice system, taking into account orders that KM engage with her psychologist and a proposed treatment plan for a period of 6 months.

This is a pleasing outcome for KM, as she is now able to move on from the charge and access appropriate treatment.

Numerous Break & Enter Charges with Extensive Criminal Record, Minimal Custodial Sentence

JT was faced with two pending criminal matters in the Local Court, namely ‘Aggravated break & enter dwelling etc in company steal <=$60000’, contrary to s 112(1)(2) Crimes Act 1900, and ‘Break & enter house etc. Steal value <= $60000’, contrary to s 112(A) Crimes Act 1900. A number of other charges were withdrawn.

JT has an extensive criminal record, having been charged over 70 times in New South Wales. Chris Cole represented JT for Sentencing in both matters. He made oral submissions to the Magistrate on JT’s behalf.

With respect to the ‘Aggravated break & enter etc.’ matter, Her Honour Sentenced JT to 18 months imprisonment, dated to include time already spent in custody, with a non-parole period of 7 months.

With respect to the ‘Break & enter house etc.’ matter, Her Honour Sentenced JT to 15 months imprisonment, with a non-parole period of 7 months. This was also dated to include time already spent in custody.

JT will be eligible for parole the month after Sentencing.

This is an outstanding outcome for JT, particularly given the objective seriousness of the charges and JT’s extensive criminal record.

Costs Granted

JK was charged with ‘Stalk/intimidate’, contrary to s 13(1) Crimes (Domestic & Personal Violence) Act 2007 and ‘Common Assault’, contrary to s 61 Crimes Act 1900.

Chris Cole appeared with Simon Buchen SC at Waverley Local Court where His Honour found JK not guilty of both offences. Additionally, His Honour did not make an Apprehended Violence Order.

Counsel then made submissions as to why the Court ought to grant professional costs in JK’s favour.

The matter was listed for Judgment on Costs at the Downing Centre Local Court. His Honour considered submissions and ultimately made an Order that the Prosecution pay all professional legal costs in JK’s matter.

This is an outstanding result.

Insider Betting Charges, Sentenced to Conditional Release Order

JW and BT are co-accused and were each charged with one count of ‘Use Inside Information to bet on event’ contrary to s 193Q(2)(a) Crimes Act 1900, and one count ‘Possess Inside Information/communicate other to bet on event’, contrary to s 193Q(2)(c) Crimes Act 1900.  

Christopher Cole represented both co-accused on separate occasions at the Downing Centre Local Court.

In both matters, Chris Cole tendered various materials on behalf of JW and BT, including written submissions, which His Honour considered. He then made oral submissions in support of said written submissions and His Honour proceeded to Judgment. Ultimately, both parties were convicted and Sentenced to a Conditional Release Order for a period of 18 months on the ‘Use inside information’ charge. In both circumstances the further offence of ‘Possess inside information’ was placed on a Form 1.

This is a good result for JW and BT.

Drug Manufacture Offence - Eligible for Parole Immediately following Sentence

TP was charged with ‘Knowingly take part in the manufacture of a prohibited drug’, contrary to s 24(1) Drug Misuse and Trafficking Act 1985.

Chris Cole represented TP and the matter came before the Parramatta District Court. The matter then proceeded to Sentence where submissions were made and a psychological report was tendered. His Honour Sentenced TP to 3 years 7 months imprisonment with a non-parole period of 2 years 5 months, commencing from the date of arrest. This meant TP was eligible for parole at the time of Sentence.

This is a great outcome for TP as it marks the completion of his custodial Sentence.

Eligible for Parole Shortly After Sentence on Serious Aggravated Break & Enter Charges

HP was charged with ‘Aggravated break and enter with intent’, contrary to s 113(2) Crimes Act 1900, ‘Aggravated enter dwelling with intent’, contrary to s 111(2) Crimes Act 1900; ‘Aggravated robbery’, contrary to s 95(1) Crimes Act 1900; ‘Drive motor vehicle on road during disqualification period’, contrary to s 54(1)(a) Road Transport Act 2013; and ‘Take and drive conveyance’, contrary to s 154A(1)(a). This is a significant charge list, particularly noting the aggravating factors. Christopher Cole represented HP in these matters.  

HP pleaded guilty to the offence of ‘Aggravated enter dwelling with intent’, and the charges of ‘Robbery’ and ‘Take and drive conveyance without owner’s consent’ were placed on a Form 1.

HP was Sentenced at Parramatta District Court for the offence of ‘Aggravated enter dwelling with intent’. His Honour Sentenced HP to a total term of imprisonment of 4 years, comprising of a non-parole period of 2 years, dated to include time already spent in custody. HP’s non-parole period is due to expire less than one month from the date of Sentencing.

This is a very pleasing result, particularly considering the objective seriousness of the initial charges.

Section 32 Granted on Multiple Drug Offences

PW was charged with one count of ‘Supply prohibited drug’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985 and two counts of ‘Possess prohibited drug’, namely methylamphetamine and gamma butyrolactone, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole and Bill O’Brien represented PW in these matters. PW plead guilty to both counts of ‘Possess prohibited drug’, and the charge of ‘Supply prohibited drug’ was withdrawn.

A Section 32 Application was made and subsequently listed for Hearing at the Downing Centre Local Court. In support of the Application Bill O’Brien tendered extensive materials and made oral submissions on PW’s behalf.

Ultimately, Her Honour allowed PW’s matter to be diverted away from the criminal justice system and dismissed the charges pursuant to s 32 Mental Health (Forensic Provisions) Act 1990, upon the condition PW comply with a supervised treatment plan.  

This is a very pleasing result.

Found Not Guilty, Costs Awarded in Favour of Defendant

JO was found not guilty by a jury on one count of each ‘Sexual intercourse without consent’, pursuant to 61I Crimes Act 1900 and ‘Assault commit an act of indecency’, pursuant to 61L Crimes Act 1900.

An application for a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (The Act) was made on JO’s behalf based on the Crown witness to be very substantially lacking credit. A certificate was granted by the District Court Magistrate, under The Act, based on His Honour’s opinion that:

“if the prosecution had, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings; and

there was no act or omission of the defendant that contributed, or might have contributed, to the institution or continuation of the proceedings.”

This is a great outcome and a huge relief to JO.

Max Penalty 10 Years Imprisonment, Sentenced to 10 Months Community Corrections Order

TN was charged with one count of ‘Embezzlement by a clerk/servant’ contrary to s 157 Crimes Act 1900. This offence carries a maximum penalty of 10 years imprisonment.

Christopher Cole represented TN on Sentence at Newtown Local Court. He made oral submissions and tendered character references on her behalf.

His Honour considered these submissions and ultimately, TN was Sentenced to a Community Corrections Order for a duration of 10 months.

This is a pleasing result for TN, as she is now able to move forward from this incident and commence a University degree in the New Year.

Charge and ADVO Withdrawn by Prosecution Prior to Hearing

SM was charged with one count of ‘Enter inclosed land not presc premises w/o lawful excuse’, contrary to Section 4(1)(B) Inclosed Lands Protection Act 1901. Consequently, the Police had made an Application for an Apprehended Domestic Violence Order (ADVO) between the victim and the accused. The victim and the accused are ex partners.

Christopher Cole attended Waverley Local Court with SM where the charge and Application for an ADVO were listed for Hearing. After lengthy discussions with the prosecution, Police agreed to withdraw the charge and the application for an ADVO just prior to Hearing. Accordingly, the charge and ADVO were withdrawn.

This is a very pleasing outcome for SM.

Aggravated Break, Enter and Steal, Breach of CCO – Sentenced to ICO

NB was charged with ‘Aggravated Break, Enter and Steal’ contrary to s 112(2) Crimes Act 1900. At the time of the offence NB was on a Community Corrections Order for a previous ‘Affray’ charge.  

Christopher Cole represented NB on Sentencing at the Downing Centre Local Court. He tendered various materials and made oral submissions on NB’s behalf. He raised the subjective circumstances at the time of the offending, including ongoing mental health conditions and drug addiction.

With respect to the breach of Community Corrections Order Her Honour did not take action. With respect to the ‘Aggravated Break, Enter and Steal’ offence, Her Honour imposed an Intensive Corrections Order for a duration of 12 months. Her Honour made additional orders to continue with rehabilitation and treatment, and to comply with a supervision plan.

This was a pleasing result for NB, as she was able to avoid a custodial sentence and continue to access treatment in a community setting.  

Local Court Plea Traversal Success

SM was charged with one count of ‘Enter inclosed land not presc premises w/o lawful excuse’, contrary to Section 4(1)(B) Inclosed Lands Protection Act 1901. The victim and the accused are ex partners.

SM initially pleaded guilty on the advice of her previous legal representative. SM sought advice and representation from Chris Cole. Chris Cole made submissions as to why a plea of guilty ought to not stand. His Honour agreed with the submissions and ordered the plea of guilty be traversed. A plea of not guilty was then entered and a hearing date allocated.

This is a great outcome for SM.

Released from Custody, Community Corrections Order Granted

GD was charged with two counts of ‘Contravene Prohibition in AVO (Domestic), contrary to Section 14(1) Crimes (Domestic and Personal Violence) Act 2007, two counts of ‘Stalk/intimidate intend fear Physical etc Harm (Domestic), contrary to Section 13(1) Crimes (Domestic and Personal Violence) Act 2007 and one count of ‘Destroy or Damage Property’, contrary to Section 195(1)(A) Crimes Act 1900.

Chris Cole tendered various materials on GD’s behalf which His Honour read and considered.  His Honour released GD from custody immediately and placed him on a Community Corrections Order for a period of 2 years, with a final ADVO concerning the PINOP for the same period. 

This is a very pleasing result for GD.

Successful Supreme Court Release Application, Released on Bail

DF was charged with 15 drug-related offences, including ‘Supply Large Commercial Quantity’ methylamphetamine, as well as proceeds of crime. DF had spent the last 5 months in custody on remand. Chris Cole submitted a Supreme Court Release Application on DF’s behalf.

Chris Cole appeared with Michael Finnane QC at the Supreme Court on her Release Application. The Crown opposed Bail, noting the ‘show cause’ requirement. The matter was adjourned to allow the Judge to consider the material and submissions.

The following day, His Honour gave his decision on the Release Application. His Honour determined that DF had ‘shown cause’ as to why her continued detention was not justified and that conditions could be imposed to ameliorate any Bail risks. Accordingly, DF was granted conditional Bail.

This is a very pleasing result which has allowed DF to return to her family home where she is able to care for her mother and young children whilst awaiting Trial.

Driving Whilst Licence Suspended with Illicit Drug Present in Oral Fluid, Unrestrained Passenger and Possession of Prohibited Drug – Minor Fines and Conditional Release Order

PZ was faced with charges of ‘Drive motor vehicle with illicit drug present in oral fluid’, contrary to Section 111(1)(a) Road Transport Act 2013, namely cannabis and cocaine, ‘Possess prohibited drug’, contrary to section 10(1) Drug Misuse and Trafficking Act 1985, ‘Drive motor vehicle whilst suspended’, contrary to section 54(3)(a) Road Transport Act 2013 and Drive with one unrestrained passenger’, contrary to section 265(3) Road Rules 2014.

Chris Cole represented PZ in these matters at Waverley Local Court. With respect to the offences of ‘Drive with illicit drug present in oral fluid’, his second instance of this same offence in the previous 5 years, and ‘Drive whilst license suspended’, Her Honour, without proceeding to conviction, ordered PZ enter a Conditional Release Order for a period of 2 years. With respect to the offence of ’Possess prohibited drug’, Her Honour convicted PZ and fined him $350. With respect to the ‘Drive vehicle with unrestrained passenger’ Her Honour convicted PZ and fined him $500.

These are, frankly, outstanding results, noting in particular that PZ already had a history of drug possession and driving offences.

Multiple Offences, Minimal Sentence

KN was charged for the following offences; ‘Drive conveyance taken without consent of owner’, contrary to section 154a(1)(B) Crimes Act 1900, ‘Drive motor vehicle during disqualification period’, contrary to section 54(1)(A) Road Transport Act 2013, ‘Possess unauthorised pistol’, contrary to section 7(1) Firearms Act 1996,  ‘Possess prohibited drug’, contrary to section 10(1) ‘Drug Misuse and Trafficking Act 1985, ‘Dishonestly obtain property by deception’, contrary to section 192e(1)(A) Crimes Act 1900, two counts of ‘Larceny value <= $2,000, contrary to section 117 Crimes Act 1900 and ‘Destroy or damage property <= $2,000, contrary to section 195(1)(A) Crimes Act 1900. This was a substantial number of charges for KN.

Chris Cole represented KN in these matters at Liverpool Local Court. KN had two sets of charges Listed for Sentence. The first set of charges related to a break and enter and three further offences were taken into account on a Form 1, those being ‘Drive stolen conveyance’ and 2 x ‘Drive while disqualified’. The second set of matters related to the charges of ‘Possess firearm’, ‘Dishonestly obtain financial advantage’, ‘Possess prohibited drug’ and ‘Drive while disqualified’. His Honour sentenced KN to an aggregate sentence of 20 months imprisonment with a non-parole period of 10 months backdated to time already spent in custody. This means KN will be eligible for release before Christmas this year.  

In addition, His Honour quashed all Habitual Traffic Offender Declarations, and imposed 12 months disqualification periods for each of the ‘Drive disqualified’ offences. KN will be eligible to obtain a driver’s licence in 12 months’ time.

This is a very pleasing result for KN, especially given the extensive list of charges and his habitual driving offences.

Assault Causing Actual Bodily Harm, Sentenced to 15 Months

MD is a young man with an already extensive criminal record. On this occasion he was charged with ‘Assault causing actual bodily harm in company’, pursuant to section 59 (2) Crimes Act 1900. The maximum penalty for this offence is 7 years imprisonment. At the time of arrest MD was on remand for an unrelated offence to be Listed later this year. During this time period he had also received two terms of full-time imprisonment for ‘Shoplifting’ and ‘Larceny’.

The assault offence was deemed somewhere on the scale between the low to middle range of objective seriousness.

Chris Cole represented MD at Central Local Court where he tendered materials and made submissions on MD’s behalf. The matter was Listed for Sentence where Her Honour Sentenced MD to a term of imprisonment of 15 months, comprising a non-parole period of 8 months, backdated to time already spent in custody.

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