Section 32 Granted on Multiple Drug Offences

PW was charged with one count of ‘Supply prohibited drug’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985 and two counts of ‘Possess prohibited drug’, namely methylamphetamine and gamma butyrolactone, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole and Bill O’Brien represented PW in these matters. PW plead guilty to both counts of ‘Possess prohibited drug’, and the charge of ‘Supply prohibited drug’ was withdrawn.

A Section 32 Application was made and subsequently listed for Hearing at the Downing Centre Local Court. In support of the Application Bill O’Brien tendered extensive materials and made oral submissions on PW’s behalf.

Ultimately, Her Honour allowed PW’s matter to be diverted away from the criminal justice system and dismissed the charges pursuant to s 32 Mental Health (Forensic Provisions) Act 1990, upon the condition PW comply with a supervised treatment plan.  

This is a very pleasing result.

Charged with larceny, avoids criminal conviction under the Mental Health Act

R v SB

SB was charged with two counts of ‘larceny’ contrary to section 117 of the Crimes Act 1900. Each count of larceny carries a maximum term of imprisonment of five years. The case against SB was strong, with multiple witness accounts and CCTV footage.

Bill O’Brien represented SB and the matter came before the Downing Center Local Court. A section 32 application was made pursuant to the Mental Health (Forensic Provisions) Act 1990. This section states that a presiding magistrate may sentence persons suffering from a mental illness or condition to treatment, rather than to a term of imprisonment.

The matter came before Magistrate Susan MckIntyre, who accepted the application and chose to dismiss the charges against SB and order her to continue her mental health treatment.

This was a fantastic result for SB, as she was very concerned about the impact that a criminal record would have on her business and career.

Charge of 'affray' after altercation at public venue, found not guilty

The facts in this matter involved VB exiting a hotel that he had been drinking at for a number of hours, and approaching two men he mistakenly identified as persons he had been arguing with earlier in the evening. VB attempted to push one of the men, who responded by punching him across the face. VB fell to the ground, at which point both men kicked him in the head, causing significant injuries.

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Two counts of sexual intercourse with a child ages 10 - 14, prison term of only two years

SB was charged with six counts of aggravated indecent assault and six counts of aggravated sexual assault. The charges were laid in 2016 however they related to acts committed in 2004. After negotiations between our office and the ODPP prosecution, SB’s charges were revised and he pleaded guilty to two counts of sexual intercourse with a child aged 10-14 contrary to s66C(2) of the Crimes Act 1900 which each carry a maximum prison sentence of twenty years.

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