Numerous ‘Graffiti’ Related, ‘Good Suspected Stolen’, ‘Affray’ and ‘Hinder’ Charges Result in CCO and Fines.

RR had a number of ongoing matters before the Local Court including 23 charges relating to ‘Destroy / damage property’, contrary to s 195(1)(A) Crimes Act 1900, ‘Go onto or into or remain on or in running lines etc’, contrary to s 68j(1)(B) Passenger Transport (general) Regulation 2017 and ‘Goods suspected stolen in / on premises (not m/v)’, contrary to s 527c(1)(C) Crimes Act 1900. He also faced charges of ‘Affray’, contrary to s 93C(1) Crimes Act 1900 and ‘Fail to notify Authority of change in residential address within 14 days’, contrary to s 122(1)(b) Road Transport (driver Licensing) Regulation 2017. A further charge of ‘Hinder discovery evidence re: serious indictable offence’, contrary to s 315(1)(B) Crimes Act 1900, was brought against RR. Chris Cole acted for RR across these matters.

In regards to the ‘Destroy / damage property’, relating to graffiti offences, ‘Go onto or into or remain on or in running lines etc.’ and ‘Goods suspected stolen’ charges, Chris entered discussions with the Prosecution with the intent to negotiate a sensible plea deal. After discussions with the Prosecution were had, the Prosecution agreed to withdraw 11 of the sequences, in exchange for pleas of guilty to the offences where RR’s tag was identifiable and the ‘Goods suspected stolen’ charge. They also agreed to place the ‘Go onto … running lines etc’ charges on a Form 1.

A breach by RR of his Community Corrections Orders (CCO) was recorded whilst his matters were still before the Court.  

RR’s matters proceeded to Sentence. Chris Cole tendered various materials on RR’s behalf and made oral submissions. His Honour then Sentenced RR on each of the remaining charges. To the breach of CCO no action was taken. To the ‘Affray’ charge a CCO was imposed for the duration of 12 months and an $880.00 fine handed down. The Destroy / damage property’ offences resulted in a CCO for 12 months. RR also received a CCO for 12 months and fine of $880.00 on the ‘Hinder discovery evidence’ charge. In addition, His Honour made a Compensation Order of $5,816.00 payable to Sydney Trains.

This is a fantastic result for RR who was able to avoid any term of imprisonment or more restrictive community based orders.

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. 

Sentenced to CCO on First ‘Drug-Related’ Offence

PS was charged with ‘Owner / occupier knowingly allow use as drug premises – 1st offence’, contrary to s 36y(1)(A) Drug Misuse and Trafficking Act 1985, and ‘Organises or conducts or assists in organising drug premises – 1st offence’, contrary to s 36Z(1)(A) Drug Misuse and Trafficking Act 1985.

James Castillo acted on instructions from PS. Following negotiations with the Prosecution, sequence 2 ‘Organises etc. in organising drug premises’ was withdrawn and a plea of guilty to sequence 1, ‘Owner / occupier knowingly allow use as drug premises’ was entered. The matter then proceeded to Sentence, where James tendered written materials and made oral submissions on PS’s behalf. Ultimately, His Honour Sentenced PS to a Community Corrections Order for the duration of 8 months.

This is a pleasing outcome for PS, notwithstanding his criminal history. 

Max Penalty 10 Years Imprisonment, Sentenced to 10 Months Community Corrections Order

TN was charged with one count of ‘Embezzlement by a clerk/servant’ contrary to s 157 Crimes Act 1900. This offence carries a maximum penalty of 10 years imprisonment.

Christopher Cole represented TN on Sentence at Newtown Local Court. He made oral submissions and tendered character references on her behalf.

His Honour considered these submissions and ultimately, TN was Sentenced to a Community Corrections Order for a duration of 10 months.

This is a pleasing result for TN, as she is now able to move forward from this incident and commence a University degree in the New Year.

Released from Custody, Community Corrections Order Granted

GD was charged with two counts of ‘Contravene Prohibition in AVO (Domestic), contrary to Section 14(1) Crimes (Domestic and Personal Violence) Act 2007, two counts of ‘Stalk/intimidate intend fear Physical etc Harm (Domestic), contrary to Section 13(1) Crimes (Domestic and Personal Violence) Act 2007 and one count of ‘Destroy or Damage Property’, contrary to Section 195(1)(A) Crimes Act 1900.

Chris Cole tendered various materials on GD’s behalf which His Honour read and considered.  His Honour released GD from custody immediately and placed him on a Community Corrections Order for a period of 2 years, with a final ADVO concerning the PINOP for the same period. 

This is a very pleasing result for GD.

Charged with Seven Serious Offences, CCO Imposed

RA was charged with seven serious offences namely, two counts of ‘Supply of prohibited drugs’, contrary to section 25(1) Drug Misuse and Trafficking Act 1985, three counts of ‘Possess prohibited weapon’, contrary to section 7(1) Weapons Prohibition Act 1998, one count of ‘Possess unregistered firearm’ contrary to section 36(1) Firearm Act 1996; and one count of ‘Goods in custody’, contrary to section 527C(1)(a) Crimes Act 1900.

James Castillo successfully negotiated the matter with the Police Prosecutors to withdraw the ‘goods in custody’ offence and place the two counts of ‘possess prohibited weapon’ and ‘possess unregistered firearm’ on Form 1.

RA pleaded guilty to the two supply prohibited drugs offences and one count of ‘possess prohibited weapon’. Chris Cole represented RA on his Sentence and made submissions on why CCO is an appropriate sentence. His Honour agreed and imposed a Community Corrections Order for 12 months pursuant to section 8 Crimes (Sentencing Procedure Act) 1999 concerning the supply of prohibited drug offences and the same Order for 30 months for the possess prohibited weapon offence taking into account all the charges on Form 1 with an additional condition to complete 180 hours of Community Service.

This is a pleasing result for RA given he originally faced 7 serious charges and having breached an existing CRO and CCO when he committed the above offences.