Sequence Placed on Form 1, No Conviction Recorded – Possess Prohibited Drug

AA was charged with one count of ‘Possess prohibited drug (Testosterone)’ and one count ‘Possess Prohibited drug (Methandienone)’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole acted for AA in his matter.

A plea of guilty was entered to both sequences in the Local Court and the matter was adjourned for Sentence. Chris indicated to the Court that Representations would be sent to the Local Area Command concerning the Facts and possibly placing one of the sequences on a Form 1.

Chris successfully negotiated to have the second sequence placed on a Form 1. The matter proceeded to Sentence.

The Prosecution tendered written materials. Chris then tendered an Affidavit sworn by AA, character references and a drug screen result.    

Ultimately, Her Honour Sentenced AA to a Conditional Release Order (CRO) without conviction for a period of 12 months. The only condition of that order is that AA is to be of good behaviour for the period of that order.

AA is required to have a clear criminal record for his employment. This is a great result for AA.

Plea Traversal Granted, Found Not Guilty; Supply Prohibited Drug

DJ was charged with ‘Supply prohibited drug >indictable & <commercial quantity’, namely Heroin, contrary to s 25(1) Drug Misuse and Trafficking Act 1985. This offence carries a maximum penalty of 2 years imprisonment if prosecuted in the Local Court and 15 years imprisonment if prosecuted in the District Court. DJ has complex chronic health conditions that often render him in excruciating pain. He was receiving inpatient hospital treatment at the time of the offence.

DJ initially pleaded guilty to the offence. He did not fully understand the process or the nature of the charge he was pleading to. DJ sought new representation and made contact with O’Brien & Hudson Solicitors. Chris Cole acted in his matter moving forward.

Chris appeared at the Local Court where he lodged a Section 4 Application / Plea Traversal on DJ’s behalf. His Honour granted that application and a plea of not guilty was entered.

The matter proceeded to Hearing. Chris tendered written materials and made oral submissions on DJ’s behalf. DJ gave evidence and closing submissions were made by the Prosecution. The Magistrate then proceeded to Judgment, ultimately finding DJ not guilty of the offence.

This is an outstanding result for DJ.

Significant Reduction in Sentence on District Court Severity Appeal; Dangerous Driving Occasioning Grievous Bodily Harm, Police Pursuit

JM was initially charged with a number of serious driving-related offences, namely, ‘Police pursuit- not stop- drive dangerously’, contrary to section 51B(1) Crimes Act 1900, ‘Exceed speed over 20km/h’, contrary to section 20 Road Rules 2014, ‘Dangerously driving occasioning grievous bodily harm’, contrary to section 52A(3)(c) Crimes Act 1900, ‘Negligent driving occasioning grievous bodily harm’, contrary to section 117(1)(b) Road Transport Act 2013, ‘Cause bodily harm by misconduct’, contrary to section 53 Crimes Act 1900, ‘Owner not disclose identity of driver or passenger’, contrary to section 17(1) Law Enforcement (Powers and Responsibilities) Act 2002 and ‘Not give particulars to police’, contrary to section 287(1) Road Rules 2014.

Pleas of guilty were entered to the charges of ‘Police pursuit- not stop- drive dangerously’, ‘Excess speed’, ‘Cause bodily harm, in charge of motor vehicle‘, and ‘Aggravated dangerous driving’. The remaining charges were withdrawn. JM was sentenced to an aggregate term of imprisonment of 3 years.

Chris Cole lodged a Severity Appeal in the District Court on JM’s behalf. An updated Sentence Assessment Report was ordered and the matter was adjourned for further Hearing and determination. The Severity Appeal was then listed for Judgment, on which occasion the Judge allowed the appeal, re-sentencing JM to an aggregate term of imprisonment of 2 years, 6 months with a non-parole period of 1 year 8 months.

This is a significant reduction in sentence and a very pleasing result for JM.    

Sentence of Imprisonment to be Served by Way of ICO; Deal with Proceeds of Crime

TL was charged with two counts of ‘Deal with property the Proceeds of Crime’, contrary to s 193C(1) Crimes Act 1900. The maximum sentence for this offence is a term of imprisonment of 5 years. Following his arrest Chris Cole made a successful Application for Grant of Bail. TL was immediately released from custody on bail. TL instructed Chris to enter pleas of guilty to both counts of ‘Deal with property the Proceeds of Crime’.

Chris briefed Counsel James Trevallion to act in TL’s sentence proceedings. A comprehensive sentence bundle of subjective materials was prepared and tendered, supplemented by oral submissions. The Magistrate considered submissions and ultimately sentenced TL to a term of 14 months imprisonment on the first count and 10 months imprisonment on the second count. His Honour ordered that assessment take place as to TL’s suitability to serve that sentence by way of an Intensive Corrections Order (ICO) with a Home Detention component. The matter was adjourned.

The matter then proceeded for part-heard Sentence where the His Honour found TL suitable to serve his sentence by way of an Intensive Corrections Order, with a Home Detention component. Ultimately, His Honour imposed both offences to be served concurrently, by way of ICO, Home Detention and a total of 100 hours community service.

This is a very pleasing result for TL.  

Successful Negotiations with Prosecution on Drug-Related Charges – CRO on Sentence

DS was charged with 11 drug-related and proceeds of crime offences, namely, ‘Deal with Proceeds of Crime < $1,000,000.00’, contrary to s 193(C) Crimes Act 1900, ‘Supply prohibited drug (Cannabis Leaf)’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985,  3 counts of ‘Possess/attempt to possess prescribed restricted - (Tramadol, Methylphenidate, Diazepam)’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985 and 6 Counts of ‘Possess prohibited drug (Cannabis Leaf, Alprazolam, Oxycodone, Tramadol, Methylamphetamine)’, contrary to s 16(1) Poisons and Therapeutics Goods Act 1966.

Chris Cole submitted representations to the Local Area Commander. He noted an early plea of guilty to ‘Possess prohibited drug (Cannabis Leaf)’ and sought to withdraw the remaining charges. He further noted no evidence of drug supply, receipts corresponding to the small amount of cash found on the premises and prescriptions in DS’ name for Tramadol and Oxycodone. The remaining restricted medications were prescribed to acquaintances of DS, all having recently stayed in her home.

Following negotiations, the Prosecution ultimately agreed to Chris Cole’s offer, withdrawing a number of charges in exchange for a plea of guilty to ‘Possess prohibited drug (Cannabis)’, placing one count of each ‘Possess prescribed restricted substance’ and ‘Possess prohibited drug’ on a Form 1.  

The matter proceeded to Sentence.

Chris tendered written material and made oral submissions on DS’ behalf. Ultimately, His Honour sentenced DS to a Conditional Release Order (with conviction) for period of 12 months, the only condition imposed was to be of good behaviour for the duration of that order.

This is a great result for DS, particularly noting the objective seriousness of the initial charges.