‘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

Elderly man wrongly found guilty for multiple animal cruelty offences, successful appeal results in clear record and dogs returned

R v NW

NW is a 77 year old man who was charged with five offences relating to animal cruelty. NW did not understand the nature of the charges against him. His dogs were not in good condition but this was due to them being incredibly old rather than badly cared for. NW’s first lawyer advised him to plead guilty despite the fact that he was not guilty of the charges. NW was convicted, and appealed to the District Court of New South Wales to reverse his original pleas of guilty.

Matthew Berrell took over NW’s case for the appeal. Berrell was successful in his application to traverse the guilty pleas. The matter was remitted back to the Local Court and Berrell appeared on behalf of NW for sentence.

The prosecution agreed to withdraw four of the charges made against NW, and he pled guilty to the final charge. NW received a Good Behaviour bond for this charge.

This was a great result for NW as he was able to clear his criminal record, and also was allowed to have his dog back.

Charge of common assault, no criminal conviction recorded

R v EH

EH was charged with one count of ‘common assault’, contrary to the Crimes Act 1900. A charge of common assault carries a maximum term of imprisonment of two years. Christopher Cole represented EH and a plea of guilty was entered at the Burwood Local Court.

The presiding magistrate accepted representations made on behalf of EH and sentenced her pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1995. No conviction was recorded and instead EH was placed on a Conditional Release Order to be of good behaviour for 18 months. This was a fantastic result for EH as she was able to maintain a clear criminal record.