Charged with Six Firearms Offences Whilst Serving an ICO; Minimal Aggregate Sentence Imposed

GC was charged with six firearms-related offences, namely ‘Possess unregistered firearm pistol’, contrary to s 36(1) Firearms Act 1996, ‘Not keep firearm safely not prohibited firearm/pistol’, contrary to s 39(1)(A) Firearms Act 1996, ‘Possess ammunition w/o holding licence/permit/authority’, contrary to s 65(3) Firearms Act 1996, ‘Acquire etc pistol subject to firearms prohibition order’, contrary to s 74(1) Firearms Act 1996, ‘Acquire etc ammunition subject to firearms prohibition order’, contrary to s 74(3) Firearms Act 1996 and ‘Firearm etc found at premises subject to prohibition order’, contrary to s 74(6) Firearms Act 1996. GC was serving an Intensive Corrections Order (ICO) for unrelated offences at the time of his arrest. He has a substantial criminal history including previous firearms charges.

Chris Cole entered negotiations with the Prosecution proposing a number of offences be withdrawn or placed on a Form 1, in exchange for a plea of guilty to the remaining offences. Ultimately, the Crown agreed to commit the matter for Sentence on just two offences, namely ‘Possess pistol subject to Firearms Prohibition Order’ and ‘Possess ammunition subject to Firearms Prohibition Order’. The sequence of ‘Not keep firearm safely’ was placed on a Form 1 and the remaining charges were withdrawn. GC was eligible for a 25% discount on Sentence for his early appropriate guilty plea (EAGP). 

Chris Cole briefed Counsel Mark Davies to appear at District Court Sentence. GC lives with severe cardiac illness and suffered a stroke not long before his arrest. A sentence bundle was prepared comprising of medical reports and documents, an affidavit, character references and other written materials in support of GC’s extenuating circumstances and mitigating factors.      

James Castillo appeared with Mark Davies of Counsel at District Court Sentence. The sentence bundle was tendered. Further tendered was an excerpt from the Bugmy Bar Book outlining the COVID-19 risks and impacts on prisoners. Counsel also prepared written submissions and made further oral submissions on GC’s behalf. GC was called to give evidence.

GC was then sentenced on the offences of ‘Possess pistol subject to Firearms Prohibition Order’, ‘Possess ammunition subject to Firearms Prohibition Order’ and ‘Not keep firearm safely’ (related offence). Ultimately, Her Honour found mitigating circumstances in GC’s favour and sentenced him to an aggregate sentence of 3 years with a non-parole period of 1 year and 8 months, backdated to include time already spent in custody.

This is an outstanding outcome for GC.

Aggregate Sentence on Lengthy List of Indictable Charges – Attempt Murder; Break & Enter

PB was charged with offences relating to series of break and enter incidents. Namely, 2 counts of ‘Aggravated break and enter and commit serious indictable offence’, contrary to s 112(2) Crimes Act 1900, ‘Attempt to murder’, contrary to s 18(1)(a) Crimes Act 1900, ‘Specially aggravated break and enter and commit serious indictable offence’ (inflict grievous bodily harm), contrary to s 112(3) Crimes Act 1900, 4 counts of ‘Deal with property proceeds of crime < $100000’, contrary to s 193C(2) Crimes Act 1900, 3 counts of ‘Break and Enter dwelling-house or building commit serious indictable offence’ (destroy etc property), contrary to s 112(1)(a) Crimes Act 1900, ‘Aggravated enter dwelling with intent’ (knowing people there), contrary to s 111(2) Crimes Act 1900, ‘Enter dwelling with intent’, contrary to s 111(1) Crimes Act 1900 and ‘Larceny’, contrary to s 117 Crimes Act 1900. These are very serious charges resulting in lengthy terms of imprisonment if sentenced at the top end. PB has a substantial criminal history and had previously spent a number of years in custody for similar offences.

Chris Cole and James Castillo acted for PB in these matters, instructing David Carroll as Counsel.  

Chris Cole entered negotiations with the Prosecution to amend the Agreed Facts. A number of the charges were Certified for District Court and remaining sequences were withdrawn.

Following further negotiations, the matter proceeded to Committal. Pleas of guilty were entered on PB’s behalf to ‘Specially aggravated break and enter and commit serious indictable offence, namely larceny in circumstances of special aggravation, namely, did intentionally inflict grievous bodily harm’, a rolled up sequence (inclusive of 3 sequences), ‘Deal with property proceeds of crime less than $1,000,000.00’, and ‘Break and enter dwelling house commit serious indictable offence’. Further sequences ‘Enter dwelling house with intent to commit larceny’ and ‘Larceny’ were placed on a Form 1. The matter then proceeded to Sentence.

James Castillo appeared with David Carroll for PB’s Sentence at the District Court. The Crown Sentence bundle was tendered, and the Crown made Sentence submissions regarding PB’s risk of re-offending, future dangerousness and the protection of the community. David Carroll then made submissions on PB’s behalf. Mr Carroll’s submissions addressed the timing of plea and utilitarian discount on sentence, the objective seriousness of the offences, the subjective circumstances and mitigating features and special circumstances, referring to materials in the Defence Sentence bundle.   

His Honour considered both Crown and Defence submissions then proceeded to Judgment. Ultimately, His Honour sentenced PB to an aggregate sentence of 10 years 6 months imprisonment, with a non-parole period of 7 years.

This is a very pleasing result for PB considering the objective seriousness of these offences and his prior criminal history.

Charged with 9 Counts ‘Break, Enter and Steal’ and 1 Count ‘Aggravated Break, Enter and Steal’, Minimal Aggregate Sentence Imposed

DK was charged with 9 counts of ‘Break, Enter and Steal’, contrary to s 112(A) Crimes Act 1900 and one count of ‘Aggravated Break, Enter and Steal’, contrary to s 112(2) Crimes Act 1900. The offences took place between 2013 – 2017.

An offence contrary to s 112(A) Crimes Act 1900 carries a maximum penalty of 14 years imprisonment. An offence contrary to s 112(2) Crimes Act 1900 carries a maximum penalty of 20 years imprisonment with a standard non-parole period of 5 years.  

Chris briefed Counsel Daniel Pace to appear in DK’s sentence proceedings. Chris Cole and Daniel Pace appeared with DK at the District Court for part-heard Sentence of all 10 offences. Subjective materials and written submissions were tendered on his behalf. After considering all evidence and submissions, His Honour ultimately imposed an aggregate sentence of 3 years imprisonment with a non-parole period of 2 years, backdated to include time already spent in custody.

This is a great result for DK, particularly considering maximum terms of imprisonment for these offences. 

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.    

Multiple Large Commercial Drug Supply and Weapons Charges Result in Minimal Custodial Sentence

GT was charged with multiple counts of ‘Supply large commercial quantity of prohibited drug’, contrary to s 25(2) Drug Misuse and Trafficking Act 1985, ‘Possess a prohibited weapon’ contrary to s 7(1) Weapons Prohibition Act 1998 and ‘Dealing with property suspected of being proceeds of crime’, contrary to s 193C(2) Crimes Act 1900. This is a very serious list of charges.

Chris Cole represented GT in these matters, briefing Counsel Scott Schaudin. GT was suffering from mental health and substance abuse issues at the time of offending.

The matter was listed for Sentence in the District Court, on which occasion Chris Cole and Scott Schaudin tendered a psychological report and character references on GT’s behalf. Counsel then made oral submissions in support of GT’s role, proposing that his role in the offence was lower in objective seriousness than that of the co-accused, and that the material before Her Honour reflects better than good prospects of rehabilitation.

Pleas of guilty were maintained to the charges of ‘Supply large commercial quantity of prohibited drug’, contrary to s 25(2) Drug Misuse and Trafficking Act 1985 and ‘Possess a prohibited weapon’ contrary to s 7(1) Weapons Prohibition Act 1998. The remaining offences were placed on a Form 1.

Ultimately, Her Honour Sentenced GT to an aggregate Sentence is 5 years imprisonment, with a non-parole period of 3 years. Taking into account time already served, GT will be eligible to be released on parole this year.

Drug Manufacture Offence - Eligible for Parole Immediately following Sentence

TP was charged with ‘Knowingly take part in the manufacture of a prohibited drug’, contrary to s 24(1) Drug Misuse and Trafficking Act 1985.

Chris Cole represented TP and the matter came before the Parramatta District Court. The matter then proceeded to Sentence where submissions were made and a psychological report was tendered. His Honour Sentenced TP to 3 years 7 months imprisonment with a non-parole period of 2 years 5 months, commencing from the date of arrest. This meant TP was eligible for parole at the time of Sentence.

This is a great outcome for TP as it marks the completion of his custodial Sentence.