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guilty to menacing driving, common assault and park on nature strip on the basis that the remaining offences were to be withdrawn.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.

Driving Whilst Licence Suspended with Illicit Drug Present in Oral Fluid, Unrestrained Passenger and Possession of Prohibited Drug – Minor Fines and Conditional Release Order

PZ was faced with charges of ‘Drive motor vehicle with illicit drug present in oral fluid’, contrary to Section 111(1)(a) Road Transport Act 2013, namely cannabis and cocaine, ‘Possess prohibited drug’, contrary to section 10(1) Drug Misuse and Trafficking Act 1985, ‘Drive motor vehicle whilst suspended’, contrary to section 54(3)(a) Road Transport Act 2013 and Drive with one unrestrained passenger’, contrary to section 265(3) Road Rules 2014.

Chris Cole represented PZ in these matters at Waverley Local Court. With respect to the offences of ‘Drive with illicit drug present in oral fluid’, his second instance of this same offence in the previous 5 years, and ‘Drive whilst license suspended’, Her Honour, without proceeding to conviction, ordered PZ enter a Conditional Release Order for a period of 2 years. With respect to the offence of ’Possess prohibited drug’, Her Honour convicted PZ and fined him $350. With respect to the ‘Drive vehicle with unrestrained passenger’ Her Honour convicted PZ and fined him $500.

These are, frankly, outstanding results, noting in particular that PZ already had a history of drug possession and driving offences.

Multiple Offences, Minimal Sentence

KN was charged for the following offences; ‘Drive conveyance taken without consent of owner’, contrary to section 154a(1)(B) Crimes Act 1900, ‘Drive motor vehicle during disqualification period’, contrary to section 54(1)(A) Road Transport Act 2013, ‘Possess unauthorised pistol’, contrary to section 7(1) Firearms Act 1996,  ‘Possess prohibited drug’, contrary to section 10(1) ‘Drug Misuse and Trafficking Act 1985, ‘Dishonestly obtain property by deception’, contrary to section 192e(1)(A) Crimes Act 1900, two counts of ‘Larceny value <= $2,000, contrary to section 117 Crimes Act 1900 and ‘Destroy or damage property <= $2,000, contrary to section 195(1)(A) Crimes Act 1900. This was a substantial number of charges for KN.

Chris Cole represented KN in these matters at Liverpool Local Court. KN had two sets of charges Listed for Sentence. The first set of charges related to a break and enter and three further offences were taken into account on a Form 1, those being ‘Drive stolen conveyance’ and 2 x ‘Drive while disqualified’. The second set of matters related to the charges of ‘Possess firearm’, ‘Dishonestly obtain financial advantage’, ‘Possess prohibited drug’ and ‘Drive while disqualified’. His Honour sentenced KN to an aggregate sentence of 20 months imprisonment with a non-parole period of 10 months backdated to time already spent in custody. This means KN will be eligible for release before Christmas this year.  

In addition, His Honour quashed all Habitual Traffic Offender Declarations, and imposed 12 months disqualification periods for each of the ‘Drive disqualified’ offences. KN will be eligible to obtain a driver’s licence in 12 months’ time.

This is a very pleasing result for KN, especially given the extensive list of charges and his habitual driving offences.