Breach of CCO, Similar CCO Imposed

KP pleaded guilty to the charge of ‘Assault occasioning actual bodily harm’, contrary to section 59(2) of the Crimes Act 1900. This offence carries a maximum penalty of 7 years imprisonment with no standard non-parole period. She also has a matter on a Form 1 which is a charge of ‘Larceny’, contrary to section 117 of the Crimes Act 1900, which carries a maximum penalty of 5 years.

Ultimately, His Honour imposed a Community Correction Order (CCO) for a period of 2 years with additional conditions namely, that KP participate in a treatment program at the direction of Community Corrections for alcohol and drug problems for the term of the order and that she remains at Healing House residential rehabilitation until the completion of the program.

KP breached her CCO when she was fined and convicted for possessing a prohibited drug. Her matter was called up by the same Judge who has sentenced her to CCO. James Castillo represented KP in her breach matter. His Honour adjourned the matter on numerous occasions to allow KP to get a bed placement at a residential rehabilitation, noting that KP’s options were limited, either to enter a residential rehabilitation program, or to be re-sentenced to a term of imprisonment. James referred and assisted KP to get an acceptance to a residential rehabilitation program to address her drug and mental health issues.

Upon acceptance to a residential rehabilitation, His Honour re-sentenced KP for the breach by revoking the CCO in place, and imposing a new CCO for 12 months with the additional conditions namely, that KP enter a detoxification program and upon completion, that she enters and remains at a residential rehabilitation until the completion of the program.

Plea Offer Accepted

SA was charged with seven offences, namely, (1) ‘Menacing driving’, contrary to section 118(1) Road Transport Act 2013, (2) ‘Negligent driving’, contrary to section 117(1)(c) Road Transport Act 2013, (3)’Stop on path/strip’, contrary to section 197(1) Road Rules 2014, (4) ‘Not give particulars to other driver’, contrary to section 287(1) Road Rules 2014, (5) ‘Common Assault’, contrary to section 61 Crimes Act 1900, (6) Stalk/intimidate intend fear physical harm’, contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007, and (7) Use of offensive weapon with intent to commit indictable offence’, contrary to section 33b(1)(A) Crimes Act 1900.

SA sought Chris Cole’s legal advice and representation. Chris successfully negotiated a plea offer that SA would enter pleas of guilty to menacing driving, common assault and park on nature strip on the basis that the remaining offences were to be withdrawn.

At Sentence, Chris tendered various medical materials and made oral submissions, primarily focusing on SA’s mental state and nexus between his mental state and his offences. The Sentencing Magistrate accepted these materials and found that SA’s moral culpability was significantly reduced, due to his mental illness. The Magistrate placed SA on a Community Corrections Order for 6 months with respect to the common assault, and on another Community Corrections Order for 14 months with respect to menacing driving, which was to be served concurrently. The Magistrate convicted SA with no further penalty with respect to park on nature strip. The Magistrate also disqualified SA from driving only for a period of 12 months, that being the minimum period of disqualification for his offence.

This is a very pleasing result for SA as it allows him to comply with his medication regime.

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. 

5 Year Maximum Penalty, Sentenced to Community Corrections Order

HH faced charges of ‘Destroy / damage property’, contrary to s 195(1)(A) Crimes Act 1900, and ‘Stalk / intimidate’, contrary to s 13 Crimes Act 1900. James Castillo acted for HH in the matter. The maximum Sentence for each charge is 5 years imprisonment.  

The matter proceeded to Sentence where James Castillo tendered various materials and made oral submissions on HH’s behalf. Ultimately, His Honour imposed a Community Corrections Order for the duration of 12 months, subject to the conditions that HH is of good behaviour, and must appear before the court if called upon to do so. His Honour made a Compensation Order for damages, and an AVO was finalised for a period of 2 years.

This is a pleasing result for HH.

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.

Common Assault on Ex-partner, CCO Imposed

LA was charged with three sets of assault offences. The first set proceeded to Hearing but was dismissed when the complainant admitted she lied to police. In relation to the second set of offences, the charges were withdrawn based on unreliable evidence from the complainant following her admission on the first set of allegations.

On the last set of offences, LA was charged with ‘Common Assault’, two counts of ‘Assault Occasioning Actual Bodily Harm’ and three counts of ‘failure to appear’. After sending Written Representations to Withdraw Charges, the prosecution withdrew the AOABH charges.

LA pleaded guilty to ‘Common assault’, contrary to section 61 Crimes Act 1900, and three counts of ‘failure to appear’, contrary to section 79(1) Bail Act 2013.

In relation to the common assault offence, Her Honour imposed a Community Corrections Order pursuant to section 8 Crimes (Sentencing Procedure) Act 1999 for 6 months. In relation to the failure to appear offences, Her Honour convicted LA with no other penalty, pursuant to section 10A Crimes (Sentencing Procedure) Act 1999.

This is an outstanding result for LA.

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.

Charged with numerous serious drug and violence related offences, avoids prison term for Community Corrections Order

R v AC

AC was charged with numerous serious charges, including three counts of ‘stalk/intimidate with intent to cause fear of harm’, ‘use offensive weapon with intent to commit indictable offence’, ‘damage/destroy property’, ‘possess prohibited drug’ as well as ‘driving whilst disqualified’.

To make matters worse AC had also contravened a previous bond to be of Good Behaviour.

Matthew Berrell represented AC and the matter came before Katoomba Local Court. The presiding Magistrate accepted Berrell’s sentencing submissions and chose to impose a Community Corrections Order (CCO) on AC for a period of two years, as well as 200 hours of Community Service work and an order to continue receiving regular counselling sessions.  

This was a fantastic result for AC as he very easily could have been sentenced to a gaol term. Each charge of ‘stalk/intimidate’ carries a maximum sentence of five years, whilst a charge of ‘use offensive weapon’ carries a maximum sentence of seven years. Instead AC was able to remain in the community and receive ongoing mental health treatment.