Successful Plea Negotiations – CRO on Sentence

TR was charged with ‘Break & Enter dwelling-house etc commit serious indictable offence (not stealing / damaging property)’, contrary to s 112(1)(a) Crimes Act 1900, ‘Cause unauthorised computer function with intent to commit serious indictable offence’, contrary to s 308C(1) Crimes Act 1900, ‘Dishonestly obtain financial advantage or cause disadvantage by deception’, contrary to s 192E(1)(b) Crimes Act 1900 and two counts of ‘Enter building / land with intent commit indictable offence’, contrary to s 114(1)(d) Crimes Act 1900. Each of these offences carry a maximum penalty of imprisonment. These matters have been before the Court since 2018. 

Chris Cole represented TR throughout proceedings. Chris entered negotiations with Police Prosecutors for a plea of ‘guilty’ to be entered to one count of ‘Enter building / land with intent to commit indictable offence’ in exchange for the ‘Dishonestly obtain financial advantage etc’ charge to be placed on a Form 1 and remaining charges to be withdrawn. This offer was accepted by Police and the matter proceeded to Sentence.

Chris made oral submissions on TR’s behalf and tendered written materials. He made submissions that His Honour ought to place TR on a Conditional Release Order (CRO) without recording a conviction. His Honour was concerned that the community would expect a conviction to be recorded and was ‘in two minds’ about whether he should. Ultimately, His Honour Sentenced TR to a CRO (with conviction) for a period of 9 months.

This is a wonderful result and enormous relief for TR, noting the seriousness of initial charges and length of time the matter has been before the Court.

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.

Charged with dishonestly obtaining a financial advantage, has charges dismissed

R v GC

GC was charged with one count of ‘dishonestly obtain a financial advantage’ ($500,000.00) contrary to section 192D of the Crimes Act 1900.

GC pleaded not guilty and was committed to stand Trial in the Sydney District Court.

Chris Cole instructed counsel at Trial. Following a successful application to have the trial separated from that of the accused, the Director of Public Prosecutions gave a direction that there were to be no further proceedings against GC and the charge was dismissed.

GC had been on Bail for over three years when his charge was dismissed. This direction was a great relief for the client and a fantastic result.

Intensive Corrections Order granted for three counts of 'dishonestly obtain financial advantage'

R v LD

LD was charged with three counts of ‘dishonestly obtain financial advantage’ contrary to section 192E(1)(b) of the Crimes Act 1900. This is a very serious charge that carries a maximum term of imprisonment of 10 years, LD had a criminal history of fraud-related offences that further increased the seriousness of his case.

Chris Cole represented LD and the matter was heard at the Downing Centre Local Court. He was sentenced to an aggregate term of imprisonment of 12 months, to be served by way of an Intensive Corrections Order (ICO). An ICO is a type of imprisonment that allows offenders to serve their time in the community, under several restrictions. In this case LD was ordered to abstain from alcohol and drugs, enter a Gambling Treatment Program and commit no further offences.

This was an amazing result considering the seriousness of the charges. LD was able to remain in the community and receive the treatment that he needed rather than incarceration.