CRO Without Conviction for a Damaged Wall

ZW was charged with ‘Destroy or damage property-DV’, contrary to section 195(1)(A) Crimes Act 1900. The offence carries a maximum penalty of 5 years imprisonment.

The charge related to a verbal altercation between ZW and his wife. Their argument eventually resulted in ZW punching a hole in the wall of the house.

James Castillo negotiated amended Facts in favour of ZW. ZW pled guilty to the offence and was sentenced on the amended Facts.

The Presiding Magistrate sentenced ZW to a Conditional Release Order without conviction for 12 months.  

Sentence Facts Negotiated, CRO Without Conviction Imposed

MS was charged with ‘Assault occasioning actual bodily harm (DV related)’ contrary to section 59(1) of the Crimes Act 1900. This offence carries a maximum penalty of 5 years imprisonment.

 Chris Cole acted for MS. Prior to the Hearing commencing, Chris negotiated with the Prosecution whether they would accept a plea to the offence on the basis that MS was ‘reckless’ as to the alleged offending against the complainant. Chris proposed facts on sentence that reflected the correct objective seriousness of the offending. The Prosecution accepted the proposed plea and proposed facts on sentence.

 The matter proceeded to Sentence. At Sentence, Chris made submissions that a Conditional Release Order without conviction ought to be made, taking into account the reduced objective seriousness of the offending and MS’s subjective circumstances. The Presiding Magistrate agreed and placed MS on a Conditional Release Order without conviction for a period of 2 years.

 This is a very pleasing result for MS notwithstanding the serious nature of the offence.