Successful Severity Appeal, Non-Conviction for Drive Motor Vehicle with Illict Drug Present In Blood

BD pleaded guilty to the offences of ‘Drive motor vehicle with illicit drug present in blood’ and ‘Possess prohibited drug’ in the Local Court. In the Local Court, she was fined $500.00 and received the minimum license disqualification of 3 months with respect to the first charge. The sentencing Magistrate subsequently dismissed the second charge.

BD instructed Chris Cole to file a Severity Appeal to the District Court with respect to the conviction recorded and fine imposed concerning the first charge. Chris appeared at the Appeal Hearing. He tendered various materials including BD’s Affidavit, character testimonials, and sentencing statistics, etc. Despite the Appeal Judge not being receptive of the submissions initially, ultimately, the Appeal Judge upheld the Appeal and dismissed the offence pursuant to s10(1)(a) Crimes (Sentencing Procedure) Act.

This was a pleasing outcome for BD.

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.