Sentenced to CCO Despite Repeated Offending, Breach of CCO and Multiple Contravene AVO’s

YI has a complex history involving Domestic Violence (DV) related offences. She suffers from long-term mental health and drug addiction issues. James Castillo represented YI in relation to charges of ‘Common assault’, contrary to s 61 Crimes Act 1900 and ‘Contravene AVO’, contrary to s 14(1) Crimes (domestic and Personal Violence) Act 2001. YI was serving 2 Community Corrections Order’s (CCO’s) and an Intensive Corrections Order (ICO) at the time of offending.

James tendered a psychological report and made oral submissions on YI’s behalf. Her Honour then proceeded to Sentence YI on both charges. Ultimately, Her Honour imposed a Community Corrections Order for the duration of 18 months on the condition that YI continue with rehabilitation and psychiatric treatment.

This is an outstanding result. Particularly given YI has a substantial history of DV and contravention of AVO offences and was serving 2 CCO’s and an ICO when charged with the offences. 

Third CRO Without Conviction!

MR was charged with ‘Common assault’ and ‘Affray’, contrary to Crimes Act 1900. MR had recently been found guilty of two domestic violence (DV) related offences, receiving Conditional Release Order’s (CRO’s) without conviction on both charges. James Castillo represented MR in these matters.

A plea of ‘guilty’ was entered to the offence of ‘Common assault’ and subsequently, the police withdrew the ‘Affray’ charge. The matter then proceeded to Sentence. James tendered materials and made oral submissions on MR’s behalf as to why a further CRO without conviction was the most appropriate Sentence.

Ultimately, Her Honour found MR guilty of ‘Common assault’ and sentenced him to a CRO without conviction for the duration of 20 months. The CRO is conditional to no further offences being committed, and that MR continues to engage and comply with a mental health treatment plan.

Her Honour made a final Apprehended Domestic Violence Order (ADVO) for the duration of two years.

Had a conviction been recorded MR would have lost the job he has held for many years and relies upon to support not only himself, but other family members. 

This is an outstanding result and a great relief to MR.

Charge and ADVO Withdrawn by Prosecution Prior to Hearing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.

Handed ADVO, Police agree to withdraw application

R v TP

TP had an Apprehended Domestic Violence Order made against him by Police following a domestic incident. Christopher Cole represented TP and his matter was heard at the Downing Centre Local Court.

Cole opposed the orders on behalf of TP, and Police agreed to withdraw the ADVO application against him. TP was very happy with this result.