From Aggravated Sexual Touching to Common Assault – No Conviction

US was charged with two sexual offences, namely, ‘Sexually touch another person without consent’, contrary to section 61KC(a) Crimes Act 1900, and ‘Intentionally sexually touch child 10 years or older and under 16 years’, contrary to section 66DB(a) Crimes Act 1900.

Prior to the Hearing commencing, Chris Cole entered a without prejudice discussion with the Office of the Director of Public Prosecutions (ODPP) concerning possibly resolving the matter without needing to proceed to a defended Hearing. Chris successfully negotiated that both matters were to be withdrawn in exchange of a plea of guilty to a single count of ‘Common Assault’, contrary to section 61 Crimes Act. The Facts on Sentence were amended to reflect the amended offence.

At Sentence, Chris tendered various subjective materials and made oral submissions on behalf of US. Ultimately, the Sentencing Magistrate sentenced US to a Conditional Release Order, without conviction, for 2 years. A Final AVO was also issued.

This is an excellent result for US, particularly noting there is no conviction and the plea of guilty to the common assault charge does not attract registration on the Child Protection Register.

Pleaded guilty to three counts of fraud, CRO for 12 months imposed

SV pleaded guilty to three (3) counts of ‘Dishonestly Obtain Financial Advantage’ contrary to section 192E of the Crimes Act 1900.  The maximum penalty for this offence is imprisonment for 10 years.

Chris Cole represented SV at the Penrith Local Court before His Honour Magistrate Van Zuylen. Chris made Sentence Submissions on SV’s behalf. His Honour imposed Conditional Release Orders without conviction for all three counts for a period of 12 months.

This is an outstanding result for SV.

Drove drunk with 0.140 above PCA, minimum disqualification imposed

DB was convicted with ‘driving with middle range PCA’ contrary to section 110 (4)(A) of the Road Transport Act 2013 after a finding of 0.140 blood alcohol concentration.

Chris Cole represented DB on this matter and appeared before the Downing Centre Local Court.

Chris tendered DB’s Affidavit and a number of character references from DB’s family and friends. The Presiding Magistrate ordered the minimum disqualification period of three (3) months and mandatory interlock order of twelve (12) months.

This is a reasonable result considering the aggravating features of the offence.

Successful appeal of visiting privileges withdrawal, withdrawal reduced from 7 months to 2 months

KM’s driving visiting privileges was withdrawn in New South Wales for seven (7) months due to demerit point offences including an extreme speeding offence. The withdrawal was made on the ground that KM is not a fit and proper person to drive a motor vehicle in NSW.

Chris Cole appealed the decision of RMS at the Downing Centre Local Court on the grounds of good character and necessity of his license for family and work purposes.

The Presiding Magistrate accepted the appeal and reduced the suspension to two (2) months and two (2) days.

This is a great result for KM.

Bail granted for very serious drug supply charges

R v MC

On 5 March 2019 Chris Cole made a Release Application at Albury Local Court on behalf of MZ. MZ was charged with 37 drug-related offences, including numerous supplies and two counts of ‘Supply Large Commercial Quantity of Prohibited Drug’, namely Methylamphetamine. The Supply Large Commercial Quantity charges trigger the ‘Show Cause’ requirement on Bail. Chris also had the further hurdle that an application for Bail had previously been made in the Local Court.

Chris made submissions to the learned Magistrate that the delay in prosecuting his client’s matter had been untenable; the client having spent 7 months in custody without being served a ‘Charge Certificate’ by the ODPP. Chris also made various other submissions in support of his client’s Bail. The Magistrate, albeit reluctantly, agreed with the submissions put forth and granted MZ strict conditional Bail. The matter continues.

Intensive Corrections Order granted for three counts of 'dishonestly obtain financial advantage'

R v LD

LD was charged with three counts of ‘dishonestly obtain financial advantage’ contrary to section 192E(1)(b) of the Crimes Act 1900. This is a very serious charge that carries a maximum term of imprisonment of 10 years, LD had a criminal history of fraud-related offences that further increased the seriousness of his case.

Chris Cole represented LD and the matter was heard at the Downing Centre Local Court. He was sentenced to an aggregate term of imprisonment of 12 months, to be served by way of an Intensive Corrections Order (ICO). An ICO is a type of imprisonment that allows offenders to serve their time in the community, under several restrictions. In this case LD was ordered to abstain from alcohol and drugs, enter a Gambling Treatment Program and commit no further offences.

This was an amazing result considering the seriousness of the charges. LD was able to remain in the community and receive the treatment that he needed rather than incarceration.

Charges withdrawn and costs successfully applied for against the RMS

R v RI

RI was charged with one count of ‘proceed through red traffic light’ contrary to section 59(1) of the Road Rules 2014.

Chris Cole represented RI and his matter was heard at the Burwood Local Court. The RMS agreed to withdraw the charge against RI. Cole made an application for the RMS to pay professional costs in the matter and this application was successful. The RMS was ordered to pay $1,155.00.

Resist or hinder police, successful severity appeal avoids prison term and criminal record

R v JW

JW was charged with one count of ‘resist police/hinder police/incite another to assault/resist/hinder police’ contrary to s.546C of the Crimes Act 1900. This charge carries a maximum term of imprisonment of one year.

Chris Cole represented JW in relation to a severity appeal against his original sentence. Cole made submissions to the presiding Magistrate that JW should not have a criminal conviction recorded against him and instead should be dealt with by way of Community Corrections Order. This was accepted and JW successfully had his sentence overturned.

This was a great result for JW as he was able to maintain his liberty as well as avoid a criminal record.

Charged with 'firing at dwelling-house or buildings', found not guilty at trial

R v MB

MB was charged with ‘firing at dwelling-houses or buildings’ contrary to the Crimes Act 1900. This is a serious charge that carries a maximum term of imprisonment of 14 years.

Christopher Cole represented MB and instructed barrister Greg Hoare as Counsel. A plea of not guilty was entered. The presiding Magistrate accepted arguments made on behalf of MB and found him not guilty. This was a great result for MB.  

Three counts of 'assault occasioning actual bodily harm', found not guilty at trial

R v LA

LA was charged with three counts of ‘assault occasioning actual bodily harm’, contrary to the Crimes Act 1900. Each charge of assault carries a maximum term of imprisonment of five years. Christopher Cole represented LA. His matter came before the Central Local Court and pleas of ‘not guilty’ were entered.

The presiding Magistrate accepted arguments made on behalf of LA and he was found not guilty for all three counts of assault occasioning actual bodily harm.

Charged with attempting to possess a commercial quantity of a border controlled drug (40kg + Methylamphetamine), sentenced to four years

R v BF

BF was charged with ‘attempting to possess a commercial quantity of unlawfully imported border controlled drug, namely Methyl amphetamine’ contrary to the Criminal Code (Cth) 1995. This is a very serious offence that carries a maximum term of imprisonment of 25 years. The amount of Methylamphetamine in question was over 40kg.

Christopher Cole represented BF and a plea of guilty was entered. Ian McLachlan was instructed as Counsel and the matter came before the Sydney District Court. BF was sentenced to four years with an option for parole. This was an outstanding result for BF considering the severity of the charge and the amount of the controlled drug in question.  

Charged with 'destroy/damage property', escapes jail sentence for Conditional Release Order

R v JG

JG was charged with one count of ‘destroy/damage property’ contrary to the Crimes Act 1900. This charge carries a maximum term of imprisonment of five years. Christopher Cole represented JG and his matter was heard at the Sutherland Local Court.

JG was sentenced under section 10 of the Crimes (Sentencing Procedure) Act and was found guilty without proceeding to a conviction. He was placed on a Conditional Release Order for a period of 12 months. This allowed JG to maintain his liberty and was a great result considering the severity of the facts and charge laid against him.

Charged with several serious offences, all charges successfully withdrawn

R v CK

CK was charged with a number of moderately serious offences including ‘common assault’, ‘assault police officer in execution of duty and occasion actual bodily harm’, and ‘resist an officer’ contrary to the Crimes Act 1900.

Christopher Cole represented CK and argued that the charges should be withdrawn. The matter was heard at Picton Local Court and arguments were successful. All charges were withdrawn and CK was encouraged to pursue a civil claim against the Police Officer’s involved, if he so wished.   

Charged with three counts of aggravated sexual assault, found not guilty for all charges at trial

R v JP

JP was charged with three counts of aggravated sexual assault without consent, contrary to the Crimes Act 1900. Christopher Cole represented JP and the matter went to trial at the Parramatta District Court.

Pleas of ‘not guilty’ were entered for each of the charges. Grant Brady SC appeared as Counsel. Christopher Cole successfully argued JP’s case and he was found not guilty for all counts. This was a great result for JP as he was able to continue with his employment and move on with his life.