Company charged with drive heavy vehicle not comply with mass requirement; Fined and Convicted

Chris acted for a company that was charged with drive / permit heavy vehicle not comply with mass requirement. The maximum penalty for this offence is $63,150.00.

The company plead guilty and was subsequently listed for Sentence.  Chris tendered an affidavit and made oral submissions as to the circumstances of offending and appropriate penalty.

Her Honour convicted the company and fined it $2,000.00.

This is a very pleasing result, having regard to the maximum penalty that could have been imposed.

Dispute as to lawful owner of goods; Client deemed lawful owner

Chris acted for a company that was involved in a dispute over who was the lawful owner of the subject goods. At the Hearing, Chris Cole tendered a number of materials that supported the fact that the company was the lawful owner of the goods. The Magistrate ultimately agreed and ordered that the goods be returned to the company, as they were determined to be the lawful owner.  

TLA was very pleased with this outcome

Drive with high range PCA; 6-month licence disqualification

PL was charged and plead guilty to drive with high range PCA. Chris Cole represented PL at the Downing Centre Local Court where the matter was listed for Sentence.

PL requires his driver’s licence for work, as he is a subcontractor. PL completed the TOIP before his Sentence.

Chris tendered subjective materials and made oral submissions as to penalty. Her Honour agreed with Chris, and disqualified PL for the minimum period of 6 months.

This is a very pleasing result for PL, considering the severity of the offence.

Possess prohibited drug; Conditional Release Order with no conviction”

JP was charged with possess prohibited drug contrary to s10 Drug Misuse and Trafficking Act. JP instructed Chris Cole to enter a plea of guilty and subsequently the matter was listed for Sentence.

Chris tendered multiple letters from JP’s psychologist and drug & alcohol counsellor, character references and an affidavit by JP. Chris then made oral submissions as to why the Court should exercise its discretion not to convict JP.

Ultimately, her Honour agreed and did not convict JP, rather he was placed on a conditional release order for 12 months.

This is  very pleasing outcome for JP as he did not get a criminal record.

Possess prohibited drug; Conditional Release Order with no conviction

DF was charged with possess prohibited drug, namely cocaine, contrary to s10 Drug Misuse and Trafficking Act. Chris Cole entered a plea of guilty as per DF’s instructions.

At Sentence Chris tendered multiple character references and an affidavit by DF. His Honour subsequently imposed a conditional release order without a conviction.

This is a great outcome for DF, as he avoided a criminal record.

Multiple serious offences; Negotiations lead to a plea deal and a CRO without conviction

JL was charged with a number of serious offences, including owner/occupier knowingly use as drug premises, found on / entering or leaving drug premises, conceal serious indictable offence and recklessly deal with proceeds of crime.

Chris Cole represented JL in this matter. Chris work tirelessly in negotiating with the Prosecution and negotiated a plea deal in which JL would plead guilty to the offence of found on / entering drug premises, and the rest would be dropped.

When the matter went to Sentence, Chris made strong oral submissions concerning penalty. His Honour agreed with Chris and did not convict JL of the offence of found on / entering drug premises, but instead placed JL on a Conditional Release Order for 2 years.

 This is an amazing outcome for JL, as he has avoided a criminal record.

Stalk / Intimidate and AVO; Case dismissed

JM was charged with stalk / intimidate and an Apprehended Violence Order was made against him.

Chris Cole acted for JM at the Hearing. At the Hearing the Prosecution made an application for the complainant to give evidence via AVL. The Prosecution had difficulty establishing a link with the complainant who was overseas. The Prosecution then sought to adjourn the Hearing to allow the complainant to return from overseas and appear physically in Court. Chris strongly objected to this course of action. His Honour ultimately agreed with Chris and refused the application to adjourn the proceedings. The Police then withdrew the charge and AVO.

This was a great outcome for JM.

Assault offence; Case dismissed at Hearing

RC was charged with assault occasioning actual bodily harm contrary to s59 Crimes Act 1900. As per RC’s instructions, Chris Cole entered a plea of not guilty on his behalf.

On the day of the Hearing, the complainant did not appear at Court and the matter was adjourned to a later date. On that later date, the Prosecution attempted to adjourn the proceedings again. Chris made oral submissions opposing this application. After hearing these submissions, her Honour determined it was not in the best interests of fairness to have the matter adjourned again.

All the charges were withdrawn by the Prosecution.

Multiple offences, initially bail refused; Bail now granted

JV was charged with multiple serious offences such as assault occasioning bodily harm, attempt/stalk intimidate intend fear of harm and destroy / damage property.

JV was in breach of current bail conditions when these offences were committed and also had a criminal record with multiple identical offences recorded.

JV was initially refused bail. With the help of Chris Cole he was granted bail and awaits his court dates.

ADVO Application made against client; matter dismissed, professional costs paid by Police

LA had an Apprehended Domestic Violence Order put against him in circumstances where it was not warranted. Chris Cole acted for LA in this matter.

At the Hearing, there was no attendance by the officer in charge or the other relevant party. The Prosecution sought to adjourn the proceedings, which Chris opposed. Her Honour agreed with Chris and did not allow the adjournment, and the Police had to withdraw the Application.

Chris then submitted that the Police pay LA’s professional costs due to the poor case management on the Police’s behalf. Her Honour agreed with Chris and determined that the Police had deviated from the reasonable case management of the proceedings so significantly as to be inexcusable.

The Police paid LA’s professional costs and the matter was thrown out.

Speeding >30km/h and Traffic Offence; Fined

EN was charged with motor vehicle exceed speed >30km/h and not give right change of direction signal with lights. Chris Cole represented EN in this matter and entered pleas of guilty on behalf of EN.

Chris negotiated the charges with the officer in charge and was successful in amending the charge of speeding to exceed speeding between 20-30km/h. This amended offence does not carry an automatic loss of licence. Following the negotiations, the police withdrew the second charge. The matter then proceeded to Sentence, where EN was convicted and fined $200.

This is a very pleading result for EN as his licence was not disqualified.

Community Corrections Order; Multiple serious offences

GD was charged with a number of offences including contravene prohibition in AVO, stalk / intimidate intend fear physical etc harm, destroy or damage property, contravene restriction in AVO and stalk/intimidate intend fear physical etc harm.

GD was initially refused bail, however Chris Cole was able to persuade the Magistrate to allow for conditional bail.

When these offences were committed, GD was on two Community Correction Orders.

Chris made strong oral submissions to ensure GD wasn’t incarcerated.

The Magistrate imposed an aggregate sentence for all the offences of 18 months, which was to be served in the community as an intensive corrections order.

This is a fantastic outcome for GD.

Assault and ADVO; Case Dismissed

WX was charged with common assault, which he pled not guilty to. An ADVO was also put in place against WX. The matter then proceeded for Hearing at the Burwood Local Court. The alleged victim did not attend court on the specified date to be questioned. The Police sought to adjourn the proceedings, however Chris opposed that application. His Honour agreed with Chris and the Police then withdrew both the criminal charge and the application for an Apprehended Domestic Violence Order.

This is a very pleading result for WX

Multiple Assault charges; Mental Health Application Successful: Matter Dismissed

LV was charged with a number of offences including common assault domestic violence related, contravene domestic violence order and stalk / intimidate with intent to cause fear of physical or mental harm.

LV was struggling significantly with mental health issues. Chris Cole  made a s14 Application on behalf of LV at the Hearing and made powerful submissions as well as tendered supportive psychiatrist reports. The Application was successful, and his Honour determined that the charges of contravene AVO and stalk / intimidate be dismissed on the condition that LV adhere to a Mental Health Treatment Plan.

In regard to the common assault charge, his Honour determined it was not appropriate to deal with under the mental health diversion. Chris made submissions on Sentence and his Honour ultimately placed LV on a community corrections order for 2 years without a conviction.

Chris lodged a conviction appeal on behalf of LV on the grounds that LV should be diverted to the mental health regime. At the Appeal Hearing Chris tendered supporting material and made oral submissions in support of the matter being dealt with under the mental health regime. His Honour agreed and the charge of assault was dismissed on the condition that LV adheres to a Mental Health Treatment Plan.

This was a fantastic outcome for LV, as she is able to keep a clean record, as well as receive assistance for her mental health whilst in the community.

Driving under the influence of illicit drugs; Charge Dismissed

GR was charged with ‘Drive motor vehicle with illicit drug present in oral fluid’ contrary to section 111 (1) Road Transport Act. GR was already on a Community Correction Order due to prior criminal history relating to drugs and other offences. Chris Cole acted for GR in this matter.

GR is prescribed medical cannabis for chronic pain. GR also relies heavily on the ability to use a motor vehicle as he is a part-time Uber driver to financially support his parents.

Before the Hearing GR completed the Traffic Offender Program to assist his matter.

The Prosecution tendered written materials, Chris then tendered an Affidavit sworn by GR, Medical reports and Psychologist reports and made the submissions that GR ought not be convicted.

Ultimately, her Honour dismissed the charge pursuant to s10 Crimes (Sentencing Procedure) Act with no penalty. This is a fantastic outcome for GR, as he can continue to drive Uber to support his parents.

CRO Without Conviction; Lengthy History; Drive Motor Vehicle whilst Suspended

JB was charged with ‘Drive motor vehicle whilst suspended’ contrary to section 54 of the Road Transport Act 2013. This offence carries 30 penalty units or imprisonment for 6 months or both. Chris Cole acted for JB in the matter. JB relies on his licence as he cares for someone with a serious health condition.

JB had a lengthy record of driving and traffic offences such drink driving, driving whilst disqualified and other general traffic infringements.

JB completed the Traffic Offenders Rehabilitation Program prior to Sentence.

A plea of guilty was entered to the offence and the matter was listed for Sentence at the Local Court. Chris tendered affidavit’s and medical material relating to the person JB assists.

Chris was able to convince Her Honour to place JB on a Conditional Release Order without a Conviction for a period of 12 months.

This is a pleasing outcome for JB taking into account his lengthy record of driving and traffic offences.

Found Not Guilty; Multiple Assault Charges

LR was charged with ‘Recklessly inflict grievous bodily harm’, ‘Assault occasioning actual bodily harm’ and ‘Common assault’. These are serious charges that would result in lengthy terms of imprisonment. LR was represented by Chris Cole in Local Court.

At his hearing the prosecution relied on his interview with police, as well as the interaction between him and the officers on the morning of the offence. Chris called M to give evidence to establish a good character and further oral submissions. The prosecution eventually conceded that LR was a person of good character.

Ultimately, the Magistrate determined that the prosecution could not establish an essential element to the offence and found LR not guilty. The magistrate also dismissed the Police’s application for a ADVO.

LR was very pleased with the outcome of this matter.

Matter Dismissed; Mental Health Application; Destroy / Damage Property

AM was charged with ‘Intentionally or recklessly destroy / damage property domestic violence related’ contrary to s195 (1) Crimes Act 1900. The maximum Sentence for this offence is imprisonment for 5 years if dealt with in the Local Court.

AM was suffering from several mental illnesses prior and during the period of the offence. Chis Cole represented AM, lodging a Section 14 Application in the Local Court. A charge may be dismissed under Section 14 Mental Health and Cognitive Impairment Forensic Provision Act 2020 if the person suffers from a mental health or cognitive impairment. In support of the application Chris tendered a Psychiatric report and Mental Health Treatment Plan on AM’s behalf. He then made oral submissions that it would be more appropriate to divert AM’s matter to be dealt with under the health system.

After careful consideration the Magistrate allowed AM’s matter to be diverted away from the criminal justice system under the orders that AM comply with the treatment plan proposed by his psychiatrist for a period of 12 months.

This is a great outcome for AM, as he is able to access treatment in the community and has avoided a criminal record.

Charge Dismissed Under Section 10; Fail to Comply with Notice Displaying Mass Requirements

DM is employed as a truck driver. He was charged with the offence of ‘Fail to comply with notice displaying mass requirements’, contrary to s 148(6) Road Transport (General) Regulation 2013, to which he pleaded guilty. If convicted, DM could lose 11 demerit points, and face a fine of up to $3,300.00.

Chris Cole acted for DM, appearing at the Downing Centre Local Court where the matter was listed for Mention/Sentence. Chris tendered subjective materials and made oral submissions on DM’s behalf.

Ultimately, Her Honour agreed with the submission that DM ought not be convicted of the offence. Her Honour made an order dismissing the charge pursuant to s 10(1)(a) Crimes Sentencing Procedure Act 1999.

This is a great result, and an enormous relief for DM.  

20BQ - Matter Dismissed; Mental Health Application; Use Carriage Service to Menace/Harass/Offend

BT was charged with ‘Use carriage service to menace/harass/offend’, contrary to s 474.17(1) Criminal Code Act 1995. The maximum Sentence for this offence is a term of 12 months imprisonment, if dealt with in the Local Court. 

BT has difficulty understanding social cues and norms, also suffering from a number of mental illnesses. Chris Cole represented BT, lodging a Section 20BQ Application in the Local Court. A charge may be dismissed under Section 20BQ of the Crimes Act 1941 (Cth) if a person is found to be suffering a mental illness or intellectual disability. In support of the application Chris tendered a psychological report and Mental Health Treatment Plan on BT’s behalf. He then made oral submissions that it would be more appropriate to divert BT’s matter to be dealt with under the health system.

After careful consideration the Magistrate allowed BT’s matter to be diverted away from the criminal justice system under the orders that BT comply with the treatment plan proposed by his psychiatrist for a period of 12 months, and that his GP would supervise the treatment plan for the relevant period.

This is a fantastic result for BT, as he is able to access treatment in the community and has avoided any criminal record.