Negotiated Plea on the Day of Hearing, Conditional Release Order Imposed

JS was charged with “Stalk/Intimidate”, contrary to section 13(1) Crimes (Domestic and Personal Violence) Act. This offence carries a maximum penalty of 5 years imprisonment.

The charge related to an incident where JS engaged in a verbal altercation with a parking ranger where he threatened and intimidated the ranger after the ranger issued him an infringement notice for an expired loading zone ticket.

On the day of the Hearing, Chris Cole successfully negotiated a plea offer with the Prosecution reducing the charge to ‘Common Assault’, which only carries a maximum penalty of 2 years. Chris also proposed facts on sentence which were accepted by the Prosecution.

Ultimately, the Presiding Magistrate imposed a Conditional Release Order (with conviction) for 12 months. This is an impressive result considering that JS had convictions and had recently served time in custody for similar offences.

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.

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 Chris successfully negotiated that both matters were to be withdrawn in exchange of a plea of guilty to a single count of ‘Common Assault’, contrary to section 61 Crimes Act.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.