Found With Ketamine at a Dance Party Venue, Non-Conviction Imposed

SM was charged with ‘Possess prohibited drug’ as a result of being found with ketamine in his possession at a hotel hosting an electronic dance party.

SM retained Chris Cole and a plea of guilty was entered on his behalf. At Sentence, Chris tendered an Affidavit from SM and various character testimonials in support of his good character. The Presiding Magistrate ultimately determined it inexpedient to record a conviction and instead placed SM on a Conditional Release Order without conviction for 2 years. The only term of that Order is to be of good behaviour for its duration.

This is a pleasing result.

Rare Non-Conviction for a Mid-Range PCA Offence

MW was charged with ‘Mid-range PCA’ after being breath tested by Police following making a left turn on a ‘No Left Turn’ road.

James Castillo represented for MW at his Sentence. James assisted MW in preparing his Affidavit and reviewing character references which were relied on at his Sentence. James made oral submissions explaining the circumstances of the offending as contained in MW’s Affidavit and laid out to the Court the potential implications on MW’s employment and pending visa application, should a conviction be recorded.

Ultimately, the Presiding Magistrate was convinced that it was appropriate to exercise the Court’s discretion and impose a Conditional Release Order without conviction, notwithstanding the serious nature of the offence.

This is an outstanding outcome for MW was this allowed him to continue residing in Australia with a clean record and continue with his employment with his driver’s license valid.  

Conditional Release Order Without Conviction For Common Assault

AL pleaded guilty to the offence of ‘Common assault’ which carries a maximum penalty of 2 years imprisonment.

AL retained Chris Cole to act for her at her Sentence. Chris tendered various subjective materials on her behalf including her Affidavit and 3 character testimonials. Chris then made oral submissions on why the court ought to impose a Conditional Release Order without conviction.

The Presiding Magistrate agreed with Chris and imposed a CRO without conviction for a period of 12 months.

This is a pleasing result for AL as she is able to maintain her good character with a clean criminal record.