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.  

Non-Conviction for Possession of MDMA, And Dismissal for Possession of Cannabis

CD was charged with two counts of ‘Possess prohibited drug’—one for possession of MDMA, and a separate charge for possession of cannabis. The circumstances of the charges related to CD being searched at a music festival after being approached by a drug detection dog.

CD pleaded guilty to each of the offences. Chris Cole represented CD at his Sentence. He relied on CD’s Affidavit and various character testimonials in support of CD’s good character.

CD was sentenced with a Conditional Release Order without conviction for 12 months with respect to possession of MDMA. The Presiding Magistrate exercised his discretion and dismissed the charge of possession of cannabis.

This is a pleasing result for CD noting his young age and that any conviction would have an impact to his future employment opportunities.

Non-Conviction Sentence for a Second Drive with Illicit Drug Present Offence

PC was charged with ‘Drive motor vehicle with illicit drug present in blood’, contrary to section 111(1)(a) Road Transport Act 2013. This offence carries a maximum penalty of 30 penalty units or $3,300 fine and an automatic license disqualification 12 months.
Chris Cole represented PC at his Sentence. Various materials were tendered including a MERIT report, urinalysis reports, and Traffic Offenders Program completion certificate. Ultimately, the Presiding Magistrate agreed with Chris’s submissions and imposed a Conditional Release Order without conviction for 2 years.

This is a very pleasing result which sees PC remain ‘on the road’.

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.