JM was charged with ‘Break & Enter house etc steal value <= $60,000’, contrary to section 112 Crimes Act 1900, ‘Possess/attempt to Prescribed Restricted Substance’ contrary to section 16(1) of Poisons and Therapeutic Goods Act 1966. ‘Goods suspected stolen in custody of other’ contrary to section 527C Crimes Act 1900 and ‘Go onto or into or remain on or in running lines etc’, contrary to section 68J(1)(b) Passenger Transport (general) Regulation 2017.
In the Local Court JM was convicted of the ‘Break & Enter’ charge and was ordered to enter a Community Corrections Order pursuant to section 8 Crimes (Sentencing Procedure) Act 1999 for a period of 2 years. The remaining charges were placed on a Form 1.
An Appeal was filed to the District Court in relation to the severity of JM’s sentence.
Chris Cole represented JM at his District Court Appeal where he made submissions as to why Her Honour ought to allow the appeal and not convict JM of the ‘Break & Enter’ offence, instead placing him on a Conditional Release Order (without conviction), imposing a condition that he adhere to the Treatment Plan proposed by his treating psychologist. Her Honour was receptive to these submissions and allowed the appeal. JM was able to enter a Conditional Release Order (without conviction) supervised by Community Corrections and access a structured psychological treatment plan.
This was a very pleasing result for JM.