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.

Successful Negotiation, Client escaped Imprisonment Sentence

OZ was charged with two counts of ‘Assault occasioning actual bodily harm’, contrary to section 59(1) of the Crimes Act 1900. Such offence carries a maximum penalty of 5 years imprisonment. OZ instructed Chris Cole to enter a guilty plea on one of the counts of Assault occasioning actual bodily harm and negotiate to reduce the charge of the other count.

Chris entered negotiations with the prosecution and successfully managed to reduce the offence of ‘Assault occasioning actual bodily harm’ to ‘Common Assault’ which only carries a maximum penalty of 2 years imprisonment. OZ then entered a guilty plea to the amended charge of Common Assault. The Facts were also varied to reflect the new charge.
OZ’s matter then proceeded to Sentence. Chris made submissions that imprisonment was not the appropriate penalty for OZ’s offences. The Sentencing Magistrate agreed and placed OZ on a Community Corrections Order for a period of 18 months with an additional condition that OZ complete the EQUIPS Domestic Violence Program.

This is an outstanding result for OZ, considering the objective seriousness of the offences.

Charged with 'assault occasion actual bodily harm' and 'common assault' on a mother and daughter in the local park, with a third eye witness giving evidence, pleads not guilty

TP, a 42 year old male, was charged with assault occasion actual bodily harm / alternately common assault for allegedly punching a woman in the chest, following which she alleged a breast implant was ruptured. TP was further charged for allegedly dragging the daughter of the woman along a park bench, so that her earring was ripped from her ear. A third person known to the complainants gave supporting evidence. TP pleaded not guilty.

Andrew Wright represented TP. He successfully persuaded the Magistrate that the prosecution case lacked corroboration, contained gaps, and was inconsistent. A defence case was called relying on evidence from TP’s wife. In the result, all charges were dismissed, and TP was found not guilty.