Appeal Allowed, Indicative Sentence Reduced and Backdated, Finding Made of ‘Special Circumstances’

BS was charged with ‘Assault occasioning actual bodily harm domestic violence related (AOABH)’, contrary to s 59 Crimes Act 1900 and Sentenced to 1 year and 16 days in prison, with a non-parole period of 9 months and 12 days. The maximum penalty for this offence is 5 years imprisonment. BS has a significant history of similar charges.

Chris Cole represented BS in relation to a Severity Appeal against his original sentence. Submissions were made to the Presiding Judge by both the Prosecutor and Defence. At the time of Appeal BS had already served just over 3 months in custody.  

Ultimately, His Honour allowed the appeal, backdated the sentence further, reduced the indicative sentence and made a finding of ‘special circumstances’. Accordingly, BS was re-sentenced to a term of imprisonment of 12 months, backdated and comprising of a non-parole period of 7 months.

This is an outstanding result for BS who is now due to be released on parole in August.

Conviction Overturned on Appeal

JW was charged with one count of ‘Use Inside Information to bet on event’ contrary to s 193Q(2)(a) Crimes Act 1900, and one count ‘Possess Inside Information/communicate other to bet on event’, contrary to s 193Q(2)(c) Crimes Act 1900.  

JW was convicted and Sentenced to a Conditional Release Order (CRO) for a period of 18 months on the ‘Use Inside Information to bet on event’ charge. The ‘Possess Inside Information/communicate other to bet on event’ charge was placed on a Form 1.

Chris Cole lodged a District Court Severity Appeal on JW’s behalf.

Chris Cole briefed Counsel, Phillip Boulten SC, who then made submissions in the District Court concerning why Her Honour ought not convict JW, focussing primarily on the extra-curial punishment JW had suffered as a result of the offending. The Crown submitted that although the offence was serious, Her Honour would not be in error if a conviction was not recorded. Her Honour considered the matter and proceeded to deliver Judgment.

Her Honour ultimately upheld the appeal and quashed the conviction, instead placing JW on a CRO, without conviction, for the duration of 18 months.

This is an outstanding result.

Conditional Release Order Granted, No Conviction

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.

Sentence Appealed, Appeal Granted

SV was charged with four offences – namely, two counts of ‘Supply prohibited drug’, one count of ‘Deal with proceeds of crime’ and one count of ‘Conduct drug premises while child present’.

Chris Cole represented SV in these matters. On the initial charges Chris was able to secure strict but fair bail conditions for SV while he awaited trial.

Chris Cole entered pleas of guilty to ‘Supply prohibited drug’ and ‘Deal with proceeds of crime’ on SV’s behalf. The second charge of ‘Supply prohibited drug’ and ‘Conduct drug premises while child present’ were withdrawn.

Her Honour sentenced SV to a term of full-time imprisonment of 18 months, comprising a non-parole period of 12 months. Chris Cole immediately lodged an appeal to the District Court.

At the Sentence Appeal Chris Cole tendered materials and made oral submissions on SV’s behalf on the severity of the sentence imposed. His Honour was not satisfied that he could order the Sentence be served by way of Intensive Correction Order (ICO). However, His Honour accepted that the Sentence was excessive and granted SV’s Appeal. He imposed a lesser sentence of 12 months imprisonment and a non-parole period of 7 months.

This was a satisfactory outcome.