Charge Dismissed Under Section 10; Fail to Comply with Notice Displaying Mass Requirements

DM is employed as a truck driver. He was charged with the offence of ‘Fail to comply with notice displaying mass requirements’, contrary to s 148(6) Road Transport (General) Regulation 2013, to which he pleaded guilty. If convicted, DM could lose 11 demerit points, and face a fine of up to $3,300.00.

Chris Cole acted for DM, appearing at the Downing Centre Local Court where the matter was listed for Mention/Sentence. Chris tendered subjective materials and made oral submissions on DM’s behalf.

Ultimately, Her Honour agreed with the submission that DM ought not be convicted of the offence. Her Honour made an order dismissing the charge pursuant to s 10(1)(a) Crimes Sentencing Procedure Act 1999.

This is a great result, and an enormous relief for DM.  

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.

CRO Without Conviction, Avoids Licence Suspension; Breach of Good Behaviour Licence

JP was charged with Drive across dividing lines to do a U-turn’, contrary to Road Rules 2014. When this incident occurred, JP was already on a good behaviour licence due to previous traffic offences. Chris Cole acted for JP in this matter.

 JP relies heavily on his licence as a Real Estate Agent. Having his licence suspended would significantly impact JP’s ability to work.

JP completed the Traffic Offenders Intervention Program (TOIP) prior to Sentence.

A plea of guilty was entered to the offence and the matter was listed for Sentence in the Local Court. Chris Tendered materials on JP’s behalf and made oral submissions that he ought not be convicted of the offence. Ultimately, the Presiding Magistrate agreed with the submissions and placed JP on a Conditional Release Order (CRO) without conviction, for a period of 12 months. JP is to be of good behaviour and not commit any further traffic offences during that period.   

This is a very pleasing outcome for JP.

No Conviction Recorded for Breach of Good Behaviour Licence

AT was charged with ‘Not stop at line at red light’, contrary to s 56(1)(a) Road Rules 2014. AT was on a good behaviour licence at the time of the offence. He elected to have the penalty decided in Court.  Chris Cole represented AT in his matter.

AT completed the Traffic Offenders Intervention Program (TOIP) prior to Sentence. He pleaded guilty to the offence and Chris tendered materials to the Court. The Magistrate noted AT’s plea of guilty and deemed it not expedient to record a conviction or record any punishment, pursuant to s 10(1)(a) Crimes (Sentencing Procedure) Act 1999.  This means AT retains his licence and there is no breach of his good behaviour licence.

This is a great outcome for AT.

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.

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.

Local Court Plea Traversal Success

SM was charged with one count of ‘Enter inclosed land not presc premises w/o lawful excuse’, contrary to Section 4(1)(B) Inclosed Lands Protection Act 1901. The victim and the accused are ex partners.

SM initially pleaded guilty on the advice of her previous legal representative. SM sought advice and representation from Chris Cole. Chris Cole made submissions as to why a plea of guilty ought to not stand. His Honour agreed with the submissions and ordered the plea of guilty be traversed. A plea of not guilty was then entered and a hearing date allocated.

This is a great outcome for SM.