Sentence of Imprisonment to be Served by Way of ICO; Deal with Proceeds of Crime

TL was charged with two counts of ‘Deal with property the Proceeds of Crime’, contrary to s 193C(1) Crimes Act 1900. The maximum sentence for this offence is a term of imprisonment of 5 years. Following his arrest Chris Cole made a successful Application for Grant of Bail. TL was immediately released from custody on bail. TL instructed Chris to enter pleas of guilty to both counts of ‘Deal with property the Proceeds of Crime’.

Chris briefed Counsel James Trevallion to act in TL’s sentence proceedings. A comprehensive sentence bundle of subjective materials was prepared and tendered, supplemented by oral submissions. The Magistrate considered submissions and ultimately sentenced TL to a term of 14 months imprisonment on the first count and 10 months imprisonment on the second count. His Honour ordered that assessment take place as to TL’s suitability to serve that sentence by way of an Intensive Corrections Order (ICO) with a Home Detention component. The matter was adjourned.

The matter then proceeded for part-heard Sentence where the His Honour found TL suitable to serve his sentence by way of an Intensive Corrections Order, with a Home Detention component. Ultimately, His Honour imposed both offences to be served concurrently, by way of ICO, Home Detention and a total of 100 hours community service.

This is a very pleasing result for TL.  

Conviction Overturned on Appeal

JW was charged with one count of ‘Use Inside Information to bet on event’ contrary to s 193Q(2)(a) Crimes Act 1900, and one count ‘Possess Inside Information/communicate other to bet on event’, contrary to s 193Q(2)(c) Crimes Act 1900.  

JW was convicted and Sentenced to a Conditional Release Order (CRO) for a period of 18 months on the ‘Use Inside Information to bet on event’ charge. The ‘Possess Inside Information/communicate other to bet on event’ charge was placed on a Form 1.

Chris Cole lodged a District Court Severity Appeal on JW’s behalf.

Chris Cole briefed Counsel, Phillip Boulten SC, who then made submissions in the District Court concerning why Her Honour ought not convict JW, focussing primarily on the extra-curial punishment JW had suffered as a result of the offending. The Crown submitted that although the offence was serious, Her Honour would not be in error if a conviction was not recorded. Her Honour considered the matter and proceeded to deliver Judgment.

Her Honour ultimately upheld the appeal and quashed the conviction, instead placing JW on a CRO, without conviction, for the duration of 18 months.

This is an outstanding result.

Conditional Release Order, No Criminal Conviction Recorded

IB faced two assault charges against his ex-partner, namely ‘Assault Occasioning Actual Bodily Harm’, contrary to s 59 Crimes Act 1900 and ‘Common Assault’, contrary to s 61 Crimes Act 1900. Chris Cole represented IB on both charges.

Chris entered discussions with the Prosecution and negotiated to withdraw Sequence 2 ‘Common Assault’, in exchange for a plea of guilty to Sequence 1 ‘Assault Occasioning Actual Bodily Harm’. The Prosecution ultimately agreed to withdraw the ‘Common Assault’ charge.

A plea of guilty was entered to the offence of ‘Assault Occasioning Actual Bodily Harm’ and the matter proceeded to Sentence. Chris presented written and oral submissions on IB’s behalf.

Ultimately, His Honour agreed that IB ought not be convicted. Consequently, IB was placed on a Conditional Release Order without conviction, for the duration of 2 years. The Order requires IB to be of good behaviour for said duration. An AVO was finalised for a period of 2 years.

This is an outstanding result for IB.

‘Possess Prohibited Drug’ Non-Conviction, Placed on Conditional Release Order

TM was charged with ‘Possess Prohibited Drug’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole represented TM in Sentence proceedings. He tendered various materials and made oral submissions concerning why Her Honour ought not convict TM of the offence. Her Honour considered the submissions and ultimately, she did not convict TM, instead placing him on a Conditional Release Order for a period of 2 years. The terms of that order are that TM does not commit any further offences for the duration of that Order.

This is a fantastic result for TM.

Assault Causing Actual Bodily Harm, Sentenced to 15 Months

MD is a young man with an already extensive criminal record. On this occasion he was charged with ‘Assault causing actual bodily harm in company’, pursuant to section 59 (2) Crimes Act 1900. The maximum penalty for this offence is 7 years imprisonment. At the time of arrest MD was on remand for an unrelated offence to be Listed later this year. During this time period he had also received two terms of full-time imprisonment for ‘Shoplifting’ and ‘Larceny’.

The assault offence was deemed somewhere on the scale between the low to middle range of objective seriousness.

Chris Cole represented MD at Central Local Court where he tendered materials and made submissions on MD’s behalf. The matter was Listed for Sentence where Her Honour Sentenced MD to a term of imprisonment of 15 months, comprising a non-parole period of 8 months, backdated to time already spent in custody.

With the view of the nature of the offence and the maximum penalty that could have been imposed, this is a very pleasing result for MD.