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’.

Negotiated Plea on the Day of Hearing, Conditional Release Order Imposed

JS was charged with “Stalk/Intimidate”, contrary to section 13(1) Crimes (Domestic and Personal Violence) Act. This offence carries a maximum penalty of 5 years imprisonment.

The charge related to an incident where JS engaged in a verbal altercation with a parking ranger where he threatened and intimidated the ranger after the ranger issued him an infringement notice for an expired loading zone ticket.

On the day of the Hearing, Chris Cole successfully negotiated a plea offer with the Prosecution reducing the charge to ‘Common Assault’, which only carries a maximum penalty of 2 years. Chris also proposed facts on sentence which were accepted by the Prosecution.

Ultimately, the Presiding Magistrate imposed a Conditional Release Order (with conviction) for 12 months. This is an impressive result considering that JS had convictions and had recently served time in custody for similar offences.

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.

Negotiated Plea Offer Resulted to Time Served

HG was charged with ‘Break & Enter Dwelling-house or building commit serious indictable offence (steal)”, contrary to section 112(1)(a). This offence carries a maximum penalty of 14 years imprisonment. 

HG instructed James Castillo to negotiate a plea offer. James successfully negotiated a plea to a reduced charge of “Steal in dwelling-house” which only carries a maximum penalty of 7 years imprisonment.

Prior to being granted bail, HG spent about 5 months in custody. At Sentence, James made oral submissions seeking the court to impose an imprisonment sentence of time served. The Sentencing Magistrate accepted the submissions. He essentially imposed a sentence of time served, after finding special circumstances that warranted the adjustment of the ratio of the non-parole period to 50%.

This was particularly a pleasing result, given HG’s extensive criminal history.

Successful Negotiation Led to Withdrawal of All DV Charges and AVO Application

JG was charged with 5 counts of ‘Common assault-DV’ and one count of ‘Intentionally choke etc person without consent’ concerning JG’s son.

Chris Cole acted for JG and successfully negotiated the withdrawal of all criminal charges. On the day of the Hearing, the Prosecution further granted authorisation to withdraw the AVO Application sought by them.

This is an outstanding result for JG.

Pleaded Guilty To DV Offences, Successful Section 14 Application Before Sentence

KC was charged with serious violence offences, namely, ‘Assault occasioning actual bodily harm’, ‘Common assault’ (as an alternative offence), ‘Assault police officer in execution of duty; and ‘Hinder/resist police officer in execution of duty’ (as an alternative offence).

Chris Cole entered pleas of guilty to the lesser alternative offences on behalf of KC. Chris successfully negotiated the withdrawal of the more serious offences through Police Representations to withdraw. Subsequently, Chris made an application pursuant to section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 so that KC could be dealt with under the mental health regime, instead of being dealt with in accordance with law for sentencing.

Chris relied on a psychological report as well as other subjective materials in support of KC’s application to be discharged into the care of her treating team. Ultimately, the Presiding Magistrate was satisfied that it was more appropriate to dismiss KC’s matters on the condition that she complies with the treatment plan as proposed by her psychologist for 12 months.

This is a very pleasing result for KC noting that this meant no criminal conviction was recorded.

Successful Mental Health (Section 14) Application Before Hearing Of Common Assault Charge

AJ was charged with ‘Common Assault’. He pleaded ‘not guilty’ to the offence and his matter was listed for Hearing.

Prior to the Hearing commencing, Chris Cole made an application pursuant to section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 to divert AJ’s matter into the mental health regime, instead of being dealt with in accordance with law.

AJ suffered from Major Depressive Order, Generalised Anxiety Disorder and ADHD. Chris tendered a psychological report as well as a certificate from AJ’s treating counsellor, and made oral submissions in support of the section 14 Application. Ultimately, the Presiding Magistrate granted the Application and dismissed AJ’s charge on the condition that he adhered to the treatment plan tailored for him.

This is a good result for AJ as his charge was dismissed without proceeding to a Hearing.

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.

Found Not Guilty of Not Stopping at Stop Line

SL was charged with an offence of ‘Not stop at Stop Line’, SL elected this offence to be dealt with in court. SL retained Chris Cole to act for him at his Hearing.

 At the Hearing, the prosecution called the officer in charge to give evidence and relied on an in-car video footage which was alleged to capture the offending. SL gave evidence for his defence.

 Ultimately, the Presiding Magistrate accepted SL’s evidence and found him ‘not guilty’.

Application For An Early Release Of Impounded Vehicle, Granted

DC was charged with ‘exceed speeding limit over 45km/hr’. As a result, NSW Police seized the vehicle being driven by DC to be impounded for 3 months under s239(1)(a) of the Road Transport Act 2013 (“RTA”)

 Chris Cole made an application for the early release of the impounded vehicle pursuant to s249(1)(a) of RTA. Chris tendered materials and made oral submissions on behalf of DC. The Presiding Magistrate accepted those submissions and ordered the release of the impounded vehicle before the end of the period of impounding. The impounded vehicle was released on the same day.

Attempt to Pervert the Course of Justice; Intensive Correction Order

JK was charged with pervert the course of justice contrary to s139 Crimes Act 1900.

This is a serious offence which carries a maximum penalty of 14 years.

Chris Cole acted for JK in this matter.

At Sentencing Chris Cole tendered a number of materials on JK’s behalf including affidavits, psychological reports and multiple character references.

Ultimately, JK was sentenced to a term of imprisonment of 22 months to be served by way of an Intensive Correction Order in the community.

This is a very pleasing outcome as JK has avoided imprisonment and is able to serve his Order in the community.

Numerous serious charges: Found Not Guilty

JH was charged with numerous serious offences including intentionally choke etc person without consent, two counts of common assault domestic violence related and intentionally or recklessly destroy/damage property domestic violence related.

Chris Cole acted for JH in the matter and entered pleas of not guilty on all counts.

At the Hearing the complainant and a number of witnesses gave evidence. Ultimately, Her Honour was not satisfied on the requisite standard of ‘beyond a reasonable doubt’ on any of the counts and found JH not guilty of each offence.

This is a very pleasing result for JH.

Mental Health Diversion: Multiple Serious Charges Dismissed

JT was charged with a number of serious offences including three counts of larceny, one count of armed with intention to commit indictable offence and one count of goods in personal custody suspected being stolen.

At the time, JT was struggling with mental health conditions.

Chris Cole acted for JT in the matter and thought it was appropriate to apply for a Section 14 Application for the charges to be diverted from the criminal justice system and into the mental health regime.

JT had a criminal record and already had been placed on a mental health treatment plan in the past.

In support of the current Application, various materials were tendered including letters from hospitals, general practitioners and psychologists, as well as a letter from JT to the Magistrate.

After careful consideration the Magistrate diverted the criminal charges from the criminal justice system and into the mental health regime, whereby she dismissed each of the offences on the condition that JT adhered to a treatment order.

This is a fantastic result for JT, as he can continue treatment in the community.

High range PCA; Disqualification of licence for 6 months and Convicted

MA was charged with drive with high range PCA contrary to s110 Road Transport Act. MA plead guilty to the offence, and the matte was listed for Sentence. Chris Cole tendered multiple character references and an affidavit on MA’s behalf. Chris also made oral submissions which ultimately led the Magistrate to agree. MA was convicted, fined and was disqualified from driving for 6 months.

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

Multiple serious assault offences; Not guilty on all charges

AM was charged with a number of serious offences such as intentionally choke person with recklessness, assault occasioning actual bodily harm, stalk/intimidate, common assault and intentionally choke. AM pleaded not guilty to all of the offences and Chris Cole subsequently represented AM at the Downing Centre Local Court.

Chris Cole cross-examined multiple witnesses and police officers and called AM to give evidence.  Chris’ strong oral submissions convinced his Honour that all the offences had not been proven beyond a reasonable doubt. AM was therefore found not guilty for all the offences.

AM was very pleased with the outcome of his matters.

Common Assault; No conviction – CRO

CD was charged with and plead guilty to common assault against his former de facto partner. The AVO that was put in place meant that CD could not see or speak to his child.

At Sentence, Chris Cole made oral submissions concerning penalty and the terms of the AVO.

Her Honour ultimately decided not to convict CD, but instead place CD on a Conditional Release Order for 12 months. Her Honour did decide however to uphold the AVO for 2 years.

This was a good outcome for CD.

DUI Illicit Drugs; Disqualification of licence for 6 months and Good Behaviour Bond

JC was charged with Driving motor vehicle with illicit drug present in blood, namely cannabis and cocaine. JC has a criminal history relating to similar offences. JC was working as a Carpenter at the time and required his drivers’ licence to conduct his job.

JC completed a Traffic Offender Intervention Program prior to his Sentence at the Waverley Local Court.

At the Sentence Chris Cole tendered an affidavit by JC, completion certificate of the TOIP and a letter from Waverley Drug & Alcohol Service.

JC was convicted and lost his licence for 6 months, that being the minimum period.

Avoiding a lengthy suspension and any good behaviour bond is a very pleasing outcome for JC.

ADVO Application made against client; Application Withdrawn

DR’s de facto partner applied for an Apprehended Domestic Violence order against him. Chris Cole prepared written police representations seeking the police to withdraw the ADVO application prior to the Hearing date.

The matter was listed for Hearing at the Downing Centre Local Court. The Prosecutor reviewed the evidence and obtained instructions to withdraw the Application. The Magistrate then formally withdrew the Application.

This is a very pleasing result for DR, as a successful application would have meant he couldn’t see or go near his daughter.