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.