Numerous ‘Graffiti’ Related, ‘Good Suspected Stolen’, ‘Affray’ and ‘Hinder’ Charges Result in CCO and Fines.

RR had a number of ongoing matters before the Local Court including 23 charges relating to ‘Destroy / damage property’, contrary to s 195(1)(A) Crimes Act 1900, ‘Go onto or into or remain on or in running lines etc’, contrary to s 68j(1)(B) Passenger Transport (general) Regulation 2017 and ‘Goods suspected stolen in / on premises (not m/v)’, contrary to s 527c(1)(C) Crimes Act 1900. He also faced charges of ‘Affray’, contrary to s 93C(1) Crimes Act 1900 and ‘Fail to notify Authority of change in residential address within 14 days’, contrary to s 122(1)(b) Road Transport (driver Licensing) Regulation 2017. A further charge of ‘Hinder discovery evidence re: serious indictable offence’, contrary to s 315(1)(B) Crimes Act 1900, was brought against RR. Chris Cole acted for RR across these matters.

In regards to the ‘Destroy / damage property’, relating to graffiti offences, ‘Go onto or into or remain on or in running lines etc.’ and ‘Goods suspected stolen’ charges, Chris entered discussions with the Prosecution with the intent to negotiate a sensible plea deal. After discussions with the Prosecution were had, the Prosecution agreed to withdraw 11 of the sequences, in exchange for pleas of guilty to the offences where RR’s tag was identifiable and the ‘Goods suspected stolen’ charge. They also agreed to place the ‘Go onto … running lines etc’ charges on a Form 1.

A breach by RR of his Community Corrections Orders (CCO) was recorded whilst his matters were still before the Court.  

RR’s matters proceeded to Sentence. Chris Cole tendered various materials on RR’s behalf and made oral submissions. His Honour then Sentenced RR on each of the remaining charges. To the breach of CCO no action was taken. To the ‘Affray’ charge a CCO was imposed for the duration of 12 months and an $880.00 fine handed down. The Destroy / damage property’ offences resulted in a CCO for 12 months. RR also received a CCO for 12 months and fine of $880.00 on the ‘Hinder discovery evidence’ charge. In addition, His Honour made a Compensation Order of $5,816.00 payable to Sydney Trains.

This is a fantastic result for RR who was able to avoid any term of imprisonment or more restrictive community based orders.

Third CRO Without Conviction!

MR was charged with ‘Common assault’ and ‘Affray’, contrary to Crimes Act 1900. MR had recently been found guilty of two domestic violence (DV) related offences, receiving Conditional Release Order’s (CRO’s) without conviction on both charges. James Castillo represented MR in these matters.

A plea of ‘guilty’ was entered to the offence of ‘Common assault’ and subsequently, the police withdrew the ‘Affray’ charge. The matter then proceeded to Sentence. James tendered materials and made oral submissions on MR’s behalf as to why a further CRO without conviction was the most appropriate Sentence.

Ultimately, Her Honour found MR guilty of ‘Common assault’ and sentenced him to a CRO without conviction for the duration of 20 months. The CRO is conditional to no further offences being committed, and that MR continues to engage and comply with a mental health treatment plan.

Her Honour made a final Apprehended Domestic Violence Order (ADVO) for the duration of two years.

Had a conviction been recorded MR would have lost the job he has held for many years and relies upon to support not only himself, but other family members. 

This is an outstanding result and a great relief to MR.

'Affray' and 'Offensive Behaviour" Dismissed

MA was charged with ‘Affray’ contrary to section 93C(1) Crimes Act 1900 and ‘Behave in Offensive Manner’ contrary to section 4 Summary Offences Act 1988 with two co-accused.

MA pleaded not guilty and had a defended Hearing at Parramatta Local Court.

Chris Cole represented MA in the Hearing. Chris made use of the CCTV footage as primary evidence for the defence. Following the prosecution’s and defence’s cases, Chris also prepared written submissions on behalf of the defendant and tendered it to the court. Her Honour accepted the submissions and ruled in favour of the accused.

Her Honour found MA not guilty of both charges and dismissed the charges. There is no better outcome in a criminal matter than this.