Sequence Placed on Form 1, No Conviction Recorded – Possess Prohibited Drug

AA was charged with one count of ‘Possess prohibited drug (Testosterone)’ and one count ‘Possess Prohibited drug (Methandienone)’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole acted for AA in his matter.

A plea of guilty was entered to both sequences in the Local Court and the matter was adjourned for Sentence. Chris indicated to the Court that Representations would be sent to the Local Area Command concerning the Facts and possibly placing one of the sequences on a Form 1.

Chris successfully negotiated to have the second sequence placed on a Form 1. The matter proceeded to Sentence.

The Prosecution tendered written materials. Chris then tendered an Affidavit sworn by AA, character references and a drug screen result.    

Ultimately, Her Honour Sentenced AA to a Conditional Release Order (CRO) without conviction for a period of 12 months. The only condition of that order is that AA is to be of good behaviour for the period of that order.

AA is required to have a clear criminal record for his employment. This is a great result for AA.

CRO Without Conviction, Avoids Licence Suspension; Breach of Good Behaviour Licence

JP was charged with Drive across dividing lines to do a U-turn’, contrary to Road Rules 2014. When this incident occurred, JP was already on a good behaviour licence due to previous traffic offences. Chris Cole acted for JP in this matter.

 JP relies heavily on his licence as a Real Estate Agent. Having his licence suspended would significantly impact JP’s ability to work.

JP completed the Traffic Offenders Intervention Program (TOIP) prior to Sentence.

A plea of guilty was entered to the offence and the matter was listed for Sentence in the Local Court. Chris Tendered materials on JP’s behalf and made oral submissions that he ought not be convicted of the offence. Ultimately, the Presiding Magistrate agreed with the submissions and placed JP on a Conditional Release Order (CRO) without conviction, for a period of 12 months. JP is to be of good behaviour and not commit any further traffic offences during that period.   

This is a very pleasing outcome for JP.

Successful Negotiations with Prosecution on Drug-Related Charges – CRO on Sentence

DS was charged with 11 drug-related and proceeds of crime offences, namely, ‘Deal with Proceeds of Crime < $1,000,000.00’, contrary to s 193(C) Crimes Act 1900, ‘Supply prohibited drug (Cannabis Leaf)’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985,  3 counts of ‘Possess/attempt to possess prescribed restricted - (Tramadol, Methylphenidate, Diazepam)’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985 and 6 Counts of ‘Possess prohibited drug (Cannabis Leaf, Alprazolam, Oxycodone, Tramadol, Methylamphetamine)’, contrary to s 16(1) Poisons and Therapeutics Goods Act 1966.

Chris Cole submitted representations to the Local Area Commander. He noted an early plea of guilty to ‘Possess prohibited drug (Cannabis Leaf)’ and sought to withdraw the remaining charges. He further noted no evidence of drug supply, receipts corresponding to the small amount of cash found on the premises and prescriptions in DS’ name for Tramadol and Oxycodone. The remaining restricted medications were prescribed to acquaintances of DS, all having recently stayed in her home.

Following negotiations, the Prosecution ultimately agreed to Chris Cole’s offer, withdrawing a number of charges in exchange for a plea of guilty to ‘Possess prohibited drug (Cannabis)’, placing one count of each ‘Possess prescribed restricted substance’ and ‘Possess prohibited drug’ on a Form 1.  

The matter proceeded to Sentence.

Chris tendered written material and made oral submissions on DS’ behalf. Ultimately, His Honour sentenced DS to a Conditional Release Order (with conviction) for period of 12 months, the only condition imposed was to be of good behaviour for the duration of that order.

This is a great result for DS, particularly noting the objective seriousness of the initial charges.

CRO Without Conviction for Driving whilst drugs present in oral fluid

BD was charged with an offence of ‘Drive whilst illicit substance present in oral fluid’, contrary to section 111 Road Transport Act 2013. The maximum penalty for this offence is 20 penalty units (or $2,200.00) and an automatic license disqualification for 6 months.

BD pleaded guilty to the charge and his matter proceeded to Sentence. Chris Cole acted for BD at his Sentence Proceedings. Chris tendered subjective materials on BD’s behalf and made oral submissions, inviting the Magistrate to exercise their discretion in the matter. The Sentencing Magistrate accepted the submissions and sentenced BD to a Conditional Release Order for a period of 10 months, without conviction.

Successful Plea Negotiations – CRO on Sentence

TR was charged with ‘Break & Enter dwelling-house etc commit serious indictable offence (not stealing / damaging property)’, contrary to s 112(1)(a) Crimes Act 1900, ‘Cause unauthorised computer function with intent to commit serious indictable offence’, contrary to s 308C(1) Crimes Act 1900, ‘Dishonestly obtain financial advantage or cause disadvantage by deception’, contrary to s 192E(1)(b) Crimes Act 1900 and two counts of ‘Enter building / land with intent commit indictable offence’, contrary to s 114(1)(d) Crimes Act 1900. Each of these offences carry a maximum penalty of imprisonment. These matters have been before the Court since 2018. 

Chris Cole represented TR throughout proceedings. Chris entered negotiations with Police Prosecutors for a plea of ‘guilty’ to be entered to one count of ‘Enter building / land with intent to commit indictable offence’ in exchange for the ‘Dishonestly obtain financial advantage etc’ charge to be placed on a Form 1 and remaining charges to be withdrawn. This offer was accepted by Police and the matter proceeded to Sentence.

Chris made oral submissions on TR’s behalf and tendered written materials. He made submissions that His Honour ought to place TR on a Conditional Release Order (CRO) without recording a conviction. His Honour was concerned that the community would expect a conviction to be recorded and was ‘in two minds’ about whether he should. Ultimately, His Honour Sentenced TR to a CRO (with conviction) for a period of 9 months.

This is a wonderful result and enormous relief for TR, noting the seriousness of initial charges and length of time the matter has been before the Court.

Sentenced to CRO Without Conviction for Traffic-Related Offence

SV was charged with the offence of ‘Not stopping on stop line’, contrary to s 67(1) Road Rules 2014. James Castillo represented SV in his matter. SV has an extensive driving record.

James entered a plea of guilty to the offence on SV’s behalf and made oral submissions as to why Her Honour should not record a conviction for the offence. Her Honour was satisfied that a Conditional Release Order (CRO) without conviction was warranted in SV’s circumstances, accepting that a conviction for the offence would cause extra-curial punishment outweighing the intended penalty of the offence.

Ultimately, Her Honour placed SV on a CRO without conviction for the duration of 18 months and ordered SV to complete a Traffic Offender Intervention Program (TOIP) within 3 months.

This is a pleasing result.

Drive with Low Range PCA – CRO without Conviction

Christopher Cole represented SL on Sentence for the offence of ‘Drive with low range PCA’, contrary to s 110(3)(a) Road Transport Act 2013.

Material was tendered on SL’s behalf and Chris made oral submissions. Ultimately, Her Honour sentenced SL to a Conditional Release Order (CRO) without conviction for a period of 6 months.

This is a pleasing result, particularly given SL relies heavily on his driver’s licence for work. Further, SL’s contract could be terminated if convicted of a criminal offence and he currently resides in Australia on an employment Visa.

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.

CRO No Conviction Recorded

AL was charged with one count of ‘Possess prohibited drug’, namely cocaine, contrary to s 10(1) Drug Misuse and Trafficking Act 1985. James Castillo represented AL in proceedings.

James tendered a sentence bundle and made oral submissions in support of a Conditional Release Order (CRO) without conviction.

The Magistrate ultimately agreed with James’ submissions, sentencing AL to a CRO without conviction for a period of 12 months.

This is a very pleasing result for AL, particularly given her employment could be terminated if convicted of a criminal offence.  

6 Months CRO on Drug-Related Offences – No Conviction

RB was charged with ‘Possess Prohibited Drug’, namely cocaine, contrary to s 10(1) Drug Misuse and Trafficking Act 1985. This was RB’s first criminal charge.

 Chris Cole represented RB on Sentence where a plea of ‘guilty’ was entered to the offence.

Chris tendered written references and made oral submissions on RB’s behalf. His Honour considered submissions and ultimately agreed a Conditional Release Order (CRO) for a period of 6 months, without conviction, was an appropriate penalty.

This is a very pleasing result, particularly given that RB’s full-time work would be jeopardized, had a conviction been recorded.

Conditional Release Order Without Conviction

MR was charged with ‘Destroy / damage property’, contrary to s 195(1)(A) Crimes Act 1900 and ‘Stalk / intimidate intend fear physical etc harm’, contrary to s 13(1) Crimes Act 1900. The alleged victim in the incident was MR’s ex-partner.

Pleas of guilty were entered to both charges and the matter proceeded to Sentence. James Castillo tendered materials and made oral submissions on MR’s behalf at the Downing Centre Local Court.

Ultimately, His Honour sentenced MR to a Conditional Release Order without conviction for a period of 2 years. Under this Order, MR must not commit any offences for the duration of the Order, and he must appear before the Court if called to do so. An Apprehended Domestic Violence Order was finalised for the same period.  

This is a very pleasing result, especially noting that MR’s long-term employment could not continue had he received a criminal conviction.

Conditional Release Order, No Criminal Conviction Recorded

IB faced two assault charges against his ex-partner, namely ‘Assault Occasioning Actual Bodily Harm’, contrary to s 59 Crimes Act 1900 and ‘Common Assault’, contrary to s 61 Crimes Act 1900. Chris Cole represented IB on both charges.

Chris entered discussions with the Prosecution and negotiated to withdraw Sequence 2 ‘Common Assault’, in exchange for a plea of guilty to Sequence 1 ‘Assault Occasioning Actual Bodily Harm’. The Prosecution ultimately agreed to withdraw the ‘Common Assault’ charge.

A plea of guilty was entered to the offence of ‘Assault Occasioning Actual Bodily Harm’ and the matter proceeded to Sentence. Chris presented written and oral submissions on IB’s behalf.

Ultimately, His Honour agreed that IB ought not be convicted. Consequently, IB was placed on a Conditional Release Order without conviction, for the duration of 2 years. The Order requires IB to be of good behaviour for said duration. An AVO was finalised for a period of 2 years.

This is an outstanding result for IB.

‘Possess Prohibited Drug’ Non-Conviction, Placed on Conditional Release Order

TM was charged with ‘Possess Prohibited Drug’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole represented TM in Sentence proceedings. He tendered various materials and made oral submissions concerning why Her Honour ought not convict TM of the offence. Her Honour considered the submissions and ultimately, she did not convict TM, instead placing him on a Conditional Release Order for a period of 2 years. The terms of that order are that TM does not commit any further offences for the duration of that Order.

This is a fantastic result for TM.

Insider Betting Charges, Sentenced to Conditional Release Order

JW and BT are co-accused and were each 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.  

Christopher Cole represented both co-accused on separate occasions at the Downing Centre Local Court.

In both matters, Chris Cole tendered various materials on behalf of JW and BT, including written submissions, which His Honour considered. He then made oral submissions in support of said written submissions and His Honour proceeded to Judgment. Ultimately, both parties were convicted and Sentenced to a Conditional Release Order for a period of 18 months on the ‘Use inside information’ charge. In both circumstances the further offence of ‘Possess inside information’ was placed on a Form 1.

This is a good result for JW and BT.

Driving Whilst Licence Suspended with Illicit Drug Present in Oral Fluid, Unrestrained Passenger and Possession of Prohibited Drug – Minor Fines and Conditional Release Order

PZ was faced with charges of ‘Drive motor vehicle with illicit drug present in oral fluid’, contrary to Section 111(1)(a) Road Transport Act 2013, namely cannabis and cocaine, ‘Possess prohibited drug’, contrary to section 10(1) Drug Misuse and Trafficking Act 1985, ‘Drive motor vehicle whilst suspended’, contrary to section 54(3)(a) Road Transport Act 2013 and Drive with one unrestrained passenger’, contrary to section 265(3) Road Rules 2014.

Chris Cole represented PZ in these matters at Waverley Local Court. With respect to the offences of ‘Drive with illicit drug present in oral fluid’, his second instance of this same offence in the previous 5 years, and ‘Drive whilst license suspended’, Her Honour, without proceeding to conviction, ordered PZ enter a Conditional Release Order for a period of 2 years. With respect to the offence of ’Possess prohibited drug’, Her Honour convicted PZ and fined him $350. With respect to the ‘Drive vehicle with unrestrained passenger’ Her Honour convicted PZ and fined him $500.

These are, frankly, outstanding results, noting in particular that PZ already had a history of drug possession and driving offences.