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.  

Non-Conviction Sentence for a Damage to a Motor Vehicle

BL was charged with ‘Intentionally/recklessly destroy or damage property”, contrary to section 195(1)(a) Crimes Act 1900 concerning a damage he caused to an uber vehicle after throwing an electronic cigarette at the said vehicle.

BL pleaded guilty to the offence. James Castillo represented BL at his Sentence. James relied on an Affidavit from BL and two character references. James made oral submissions asking the court to extend leniency to BL and exercise the Court’s discretion to impose a Conditional Release Order without conviction. The Presiding Magistrate agreed with James and imposed a CRO without conviction for 12 months.

This is a pleasing result for BL as a criminal conviction could potentially have impacted his pending Working Holiday Visa.

Conditional Release Order Without Conviction For Common Assault

AL pleaded guilty to the offence of ‘Common assault’ which carries a maximum penalty of 2 years imprisonment.

AL retained Chris Cole to act for her at her Sentence. Chris tendered various subjective materials on her behalf including her Affidavit and 3 character testimonials. Chris then made oral submissions on why the court ought to impose a Conditional Release Order without conviction.

The Presiding Magistrate agreed with Chris and imposed a CRO without conviction for a period of 12 months.

This is a pleasing result for AL as she is able to maintain her good character with a clean criminal record.

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.

Sequence Placed on Form 1, No Conviction Recorded – Possess Prohibited Drug

AA was charged with one count of ‘Possess prohibited drug (Testosterone)’ and one count ‘Possess Prohibited drug (Methandienone)’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole acted for AA in his matter.

A plea of guilty was entered to both sequences in the Local Court and the matter was adjourned for Sentence. Chris indicated to the Court that Representations would be sent to the Local Area Command concerning the Facts and possibly placing one of the sequences on a Form 1.

Chris successfully negotiated to have the second sequence placed on a Form 1. The matter proceeded to Sentence.

The Prosecution tendered written materials. Chris then tendered an Affidavit sworn by AA, character references and a drug screen result.    

Ultimately, Her Honour Sentenced AA to a Conditional Release Order (CRO) without conviction for a period of 12 months. The only condition of that order is that AA is to be of good behaviour for the period of that order.

AA is required to have a clear criminal record for his employment. This is a great result for AA.

Conditional Release Order Without Conviction

MR was charged with ‘Destroy / damage property’, contrary to s 195(1)(A) Crimes Act 1900 and ‘Stalk / intimidate intend fear physical etc harm’, contrary to s 13(1) Crimes Act 1900. The alleged victim in the incident was MR’s ex-partner.

Pleas of guilty were entered to both charges and the matter proceeded to Sentence. James Castillo tendered materials and made oral submissions on MR’s behalf at the Downing Centre Local Court.

Ultimately, His Honour sentenced MR to a Conditional Release Order without conviction for a period of 2 years. Under this Order, MR must not commit any offences for the duration of the Order, and he must appear before the Court if called to do so. An Apprehended Domestic Violence Order was finalised for the same period.  

This is a very pleasing result, especially noting that MR’s long-term employment could not continue had he received a criminal conviction.

‘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.

Insider Betting Charges, Sentenced to Conditional Release Order

JW and BT are co-accused and were each 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.  

Christopher Cole represented both co-accused on separate occasions at the Downing Centre Local Court.

In both matters, Chris Cole tendered various materials on behalf of JW and BT, including written submissions, which His Honour considered. He then made oral submissions in support of said written submissions and His Honour proceeded to Judgment. Ultimately, both parties were convicted and Sentenced to a Conditional Release Order for a period of 18 months on the ‘Use inside information’ charge. In both circumstances the further offence of ‘Possess inside information’ was placed on a Form 1.

This is a good result for JW and BT.

Driving Whilst Licence Suspended with Illicit Drug Present in Oral Fluid, Unrestrained Passenger and Possession of Prohibited Drug – Minor Fines and Conditional Release Order

PZ was faced with charges of ‘Drive motor vehicle with illicit drug present in oral fluid’, contrary to Section 111(1)(a) Road Transport Act 2013, namely cannabis and cocaine, ‘Possess prohibited drug’, contrary to section 10(1) Drug Misuse and Trafficking Act 1985, ‘Drive motor vehicle whilst suspended’, contrary to section 54(3)(a) Road Transport Act 2013 and Drive with one unrestrained passenger’, contrary to section 265(3) Road Rules 2014.

Chris Cole represented PZ in these matters at Waverley Local Court. With respect to the offences of ‘Drive with illicit drug present in oral fluid’, his second instance of this same offence in the previous 5 years, and ‘Drive whilst license suspended’, Her Honour, without proceeding to conviction, ordered PZ enter a Conditional Release Order for a period of 2 years. With respect to the offence of ’Possess prohibited drug’, Her Honour convicted PZ and fined him $350. With respect to the ‘Drive vehicle with unrestrained passenger’ Her Honour convicted PZ and fined him $500.

These are, frankly, outstanding results, noting in particular that PZ already had a history of drug possession and driving offences.

Conditional Release Order Granted, No Conviction

JM was charged with ‘Break & Enter house etc steal value <= $60,000’, contrary to section 112 Crimes Act 1900, ‘Possess/attempt to Prescribed Restricted Substance’ contrary to section 16(1) of Poisons and Therapeutic Goods Act 1966. ‘Goods suspected stolen in custody of other’ contrary to section 527C Crimes Act 1900 and ‘Go onto or into or remain on or in running lines etc’, contrary to section 68J(1)(b) Passenger Transport (general) Regulation 2017.

In the Local Court JM was convicted of the ‘Break & Enter’ charge and was ordered to enter a Community Corrections Order pursuant to section 8 Crimes (Sentencing Procedure) Act 1999 for a period of 2 years. The remaining charges were placed on a Form 1.

An Appeal was filed to the District Court in relation to the severity of JM’s sentence.

Chris Cole represented JM at his District Court Appeal where he made submissions as to why Her Honour ought to allow the appeal and not convict JM of the ‘Break & Enter’ offence, instead placing him on a Conditional Release Order (without conviction), imposing a condition that he adhere to the Treatment Plan proposed by his treating psychologist. Her Honour was receptive to these submissions and allowed the appeal. JM was able to enter a Conditional Release Order (without conviction) supervised by Community Corrections and access a structured psychological treatment plan.

This was a very pleasing result for JM.

‘Possess Prohibited Drug’ Offence Sentenced to Conditional Release Order without Conviction, No Criminal Record

AH was charged with ‘Possess Prohibited Drug’ contrary to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

Chris Cole represented AH at the Waverley Local Court. The presiding Magistrate sentenced AH to a Conditional Release Order (without conviction) subject to good behaviour for a period of six months.  

This was an outstanding result for AH who regularly travels to the USA for work. A criminal conviction would jeopardise his continued employment

Charged with ‘Drive while prohibited drug present in oral fluid’, receives Conditional Release Order with no conviction recorded

ST was charged with ‘Drive while prohibited drug present in oral fluid’, namely cannabis.

Chris Cole tendered material and oral submissions on ST’s behalf as to why Her Honour ought not to convict him. Her honour agreed and ST was placed on a Conditional Release Order without conviction for a period of six months.

This was a great outcome for ST as it did not impede on his future hopes of joining the Australian Defence Force and he was able to continue driving.

Pleaded Guilty to Driving with Low-range PCA, Received a CRO with no conviction

CD was charged with the offence of ‘Driving with Low-Range PCA’. He pleaded guilty at the earliest opportunity. Chris Cole represented him on his sentence submissions. Chris tendered materials on his behalf and made oral submissions as to why he should not be convicted.  His Honour agreed and imposed a Conditional Release Order without conviction pursuant to section 9(1)(b) of Crimes (Sentencing Procedure) Act 1999 subject to good behaviour bond for two years.

This is a pleasing result for CD as a conviction which leads to license suspension would greatly affect his own business requiring him to drive long distances each day and eventually affect his ability to provide for his wife and newborn baby.

Charged with 3 Driving Offences, Convicted of Only One

RI was charged with three driving offences— ‘Exceed speed limit >20km/h’, ‘disobey red no right turn signal’ and ‘disobey marked line’.

Chris Cole represented RI in this matter. Chris negotiated with Police that in exchange for pleas of guilty on the first two offences, the police will withdraw the third offence. It was a successful negotiation for RI and the plea offer was accepted with the third offence withdrawn.

RI was sentenced for the offences he pleaded guilty on. In relation to the speeding offence, Her Honour convicted RI and fined him $550. In relation to the other offence, Her Honour placed him on a Conditional Release Order subject to a good behaviour for a period of 6 months with no conviction.

Regarding demerit points, it was also a success for RI having only accrued 4 demerit points from the speeding offence, instead of having 9 for the three offences. 

Pleaded guilty to three counts of fraud, CRO for 12 months imposed

SV pleaded guilty to three (3) counts of ‘Dishonestly Obtain Financial Advantage’ contrary to section 192E of the Crimes Act 1900.  The maximum penalty for this offence is imprisonment for 10 years.

Chris Cole represented SV at the Penrith Local Court before His Honour Magistrate Van Zuylen. Chris made Sentence Submissions on SV’s behalf. His Honour imposed Conditional Release Orders without conviction for all three counts for a period of 12 months.

This is an outstanding result for SV.

Arrested for drug possession one day into Conditional Release Order, no conviction recorded

R v TM

TM was charged with ‘possessing a prohibited drug’, namely cocaine, contrary to section 10 of the Drug Misuse and Trafficking Act.

Unfortunately for TM, at the time he was charged he was one day into a Conditional Release Order which was imposed by the Court for a driving matter.

TM pleaded guilty to ‘possessing a prohibited drug’, and the matter proceeded to sentence in the Downing Centre Local Court on 24 April 2019.

TM had undertaken a substantial amount of rehabilitation and community service work. Chris Cole appeared for TM at the sentence.

Chris Cole convinced the magistrate not to take any action on the breach of the Conditional Release Order. TM was given a further opportunity, and a further Conditional Release Order without conviction was imposed by the magistrate.

This was a great result for the client, as he could maintain his conviction-free criminal record and good character.

Charged with drink-driving (low-range), avoids criminal conviction

R v DM

DM was charged with ‘drive with low-range PCA’ contrary to section 110 of the Road Transport Act 2013.

Chris Cole represented DM and obtained extensive subjective material in order to prepare for his matter.

DM came before the Downing Centre Local Court and the presiding Magistrate accepted this material, and chose not to record a conviction. DM was placed on a Conditional Release Order for the duration of 12 months pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

This was a great result for DM as he avoided a criminal record.

Convicted for damaging property, raised visa concerns - on appeal no conviction

R v SV

SV pleaded guilty in the Local Court to one count of ‘destroy/damage property’ contrary to section 195 of the Crimes Act 1900.

The offence carries a maximum penalty of five years imprisonment.

Chris Cole did not act for SV in the Local Court. In the Local Court the Magistrate convicted and fined SV for the offence. This was problematic for SV as he was on a bridging visa and had applied for permanent residency.

Chris Cole appeared on appeal in the District Court at Parramatta on the 11th April 2019.

Chris made submissions to the learned Judge as to why SV ought not to be convicted of the offence. The Judge agreed, upheld the appeal and instead placed SV on a Conditional Release Order without conviction for a period of nine months.

This result meant that SV’s ‘visa issues’ were obviated.

This was a great result as SV was married and had a young child born in Australia. He was able to remain with his family.

Drives whilst disqualified three times, manages to avoid conviction

R v JF

JF was charged with driving whilst disqualified in 2018. Chris Cole representd JF and his matter was adjourned in December 2018 so that he may obtain an interlock licence.

In the intervening period before this licence was obtained JF committed two further offences of driving whilst disqualified.

JF’s matter came before the Manly Local Court and Christopher Cole persuaded the presiding Magistrate not to record convictions against him. Instead he was sentenced pursuant to section 9(1)(b) of the Crimes (Sentencing Procedure) Act and placed on three times Conditional Release Orders for the duration of two years.

This was an outstanding result for JF considering that he had re-offended two times. He was able to avoid a criminal record.

Possess prohibited drug, Section 10(1)(a) dismissal even with previous Conditional Release Order

R v DS

On 2 April 2019, Chris Cole appeared for DS in the Local Court of NSW. DS was charged with and pleaded guilty to possessing a prohibited drug.

DS was in an unfortunate position in that he had previously been found guilty of an offence and sentenced to a Conditional Release Order without conviction, pursuant to section 10(1)(b) of the Crimes (Sentencing and Procedure) Act.

The previous Conditional Release Order expired two months prior to the commission of this offence.

After material was tendered and submissions were made for a further non conviction, the presiding magistrate deemed it inexpedient to record a conviction, and additionally dismissed the matter without imposing a Conditional Release Order.

This meant that the charge was dismissed in its entirety. This was another fantastic result, one in which DS could maintain his good character and standing within the community.