No Imprisonment for Conviction of Reckless Wounding, ICO ordered for 22 months.

IR was convicted with the offence of ‘Reckless Wounding’ contrary to section 35(4) of the Crimes Act 1900. The maximum penalty for this offence is imprisonment for seven (7) years.

Chris Cole represented IR at the Downing Centre Local Court before Magistrate Swain LCM. Chris tendered a bundle of various materials on IR’s behalf including a Psychiatric Report, letters from the IR’s wife, mother and other people who know him. Also tendered are his personal letters to the Magistrate and to the victim. Chris also prepared a lengthy written submissions on behalf of IR.

Her Honour was of the view that there was no other alternative than imprisonment for IR’s offence. However, as Chris has submitted, Her Honour ordered the term of imprisonment be served by way of an Intensive Corrections Order (ICO). IR is sentenced with the term of ICO for 22 months and 15 days.

With the view of the nature of the offence and maximum penalty that could have been imposed, this is a reasonable result for IR.

Minimal fine ordered against a company convicted with five counts of 'Failure to Nominate Driver'

OP, a company, was convicted with five (5) counts of ‘Failure to Nominate Driver’ contrary to section 188(1) of the Road Transport Act 2013. The maximum penalty for the offence is 100 penalty units which is equivalent to $11,000.00.  

Chris Cole represented OP on this matter and appeared before Her Honour Magistrate Giles at the Downing Centre Local Court. OP was sentenced with the penalty of only $2,500.00 in relation to all five (5) counts OP was convicted with.

This is an outstanding result for OP considering that the last fine which was given to the company for that offence was $3,813.00.

Successful appeal of visiting privileges withdrawal, withdrawal reduced from 7 months to 2 months

KM’s driving visiting privileges was withdrawn in New South Wales for seven (7) months due to demerit point offences including an extreme speeding offence. The withdrawal was made on the ground that KM is not a fit and proper person to drive a motor vehicle in NSW.

Chris Cole appealed the decision of RMS at the Downing Centre Local Court on the grounds of good character and necessity of his license for family and work purposes.

The Presiding Magistrate accepted the appeal and reduced the suspension to two (2) months and two (2) days.

This is a great result for KM.

Failed to lodge BAS and Income Tax Return, minimal fine of $1,500 ordered

MB was charged with ‘failure to lodge Business Activity Statement’ and’ failure to lodge Income Tax Return’ contrary to section 8C(1)(a) of the Tax Administration Act 1953. In MB’s circumstances, the maximum possible fine that can be imposed for the first charge is $43,600. Consequently, the maximum possible fine that can be imposed for the second charge is $15,000.

Chris Cole represented MB on his matter at the Downing Centre Local Court. MB entered guilty pleas on 9 counts of failure to lodge Business Activity Statement and 3 counts of failure to lodge Income Tax Return. Her Honour imposed a total sum of $1,500 fine for all of the above convictions.

In comparison with the total maximum possible fine the Court can impose against MB, MB received a great outcome with a very low fine imposed.