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.

CRO Without Conviction, Avoids Licence Suspension; Breach of Good Behaviour Licence

JP was charged with Drive across dividing lines to do a U-turn’, contrary to Road Rules 2014. When this incident occurred, JP was already on a good behaviour licence due to previous traffic offences. Chris Cole acted for JP in this matter.

 JP relies heavily on his licence as a Real Estate Agent. Having his licence suspended would significantly impact JP’s ability to work.

JP completed the Traffic Offenders Intervention Program (TOIP) prior to Sentence.

A plea of guilty was entered to the offence and the matter was listed for Sentence in the Local Court. Chris Tendered materials on JP’s behalf and made oral submissions that he ought not be convicted of the offence. Ultimately, the Presiding Magistrate agreed with the submissions and placed JP on a Conditional Release Order (CRO) without conviction, for a period of 12 months. JP is to be of good behaviour and not commit any further traffic offences during that period.   

This is a very pleasing outcome for JP.

No Conviction Recorded for Breach of Good Behaviour Licence

AT was charged with ‘Not stop at line at red light’, contrary to s 56(1)(a) Road Rules 2014. AT was on a good behaviour licence at the time of the offence. He elected to have the penalty decided in Court.  Chris Cole represented AT in his matter.

AT completed the Traffic Offenders Intervention Program (TOIP) prior to Sentence. He pleaded guilty to the offence and Chris tendered materials to the Court. The Magistrate noted AT’s plea of guilty and deemed it not expedient to record a conviction or record any punishment, pursuant to s 10(1)(a) Crimes (Sentencing Procedure) Act 1999.  This means AT retains his licence and there is no breach of his good behaviour licence.

This is a great outcome for AT.

Sentenced to CRO Without Conviction for Traffic-Related Offence

SV was charged with the offence of ‘Not stopping on stop line’, contrary to s 67(1) Road Rules 2014. James Castillo represented SV in his matter. SV has an extensive driving record.

James entered a plea of guilty to the offence on SV’s behalf and made oral submissions as to why Her Honour should not record a conviction for the offence. Her Honour was satisfied that a Conditional Release Order (CRO) without conviction was warranted in SV’s circumstances, accepting that a conviction for the offence would cause extra-curial punishment outweighing the intended penalty of the offence.

Ultimately, Her Honour placed SV on a CRO without conviction for the duration of 18 months and ordered SV to complete a Traffic Offender Intervention Program (TOIP) within 3 months.

This is a pleasing result.

Drive with Low Range PCA – CRO without Conviction

Christopher Cole represented SL on Sentence for the offence of ‘Drive with low range PCA’, contrary to s 110(3)(a) Road Transport Act 2013.

Material was tendered on SL’s behalf and Chris made oral submissions. Ultimately, Her Honour sentenced SL to a Conditional Release Order (CRO) without conviction for a period of 6 months.

This is a pleasing result, particularly given SL relies heavily on his driver’s licence for work. Further, SL’s contract could be terminated if convicted of a criminal offence and he currently resides in Australia on an employment Visa.

Third CRO Without Conviction!

MR was charged with ‘Common assault’ and ‘Affray’, contrary to Crimes Act 1900. MR had recently been found guilty of two domestic violence (DV) related offences, receiving Conditional Release Order’s (CRO’s) without conviction on both charges. James Castillo represented MR in these matters.

A plea of ‘guilty’ was entered to the offence of ‘Common assault’ and subsequently, the police withdrew the ‘Affray’ charge. The matter then proceeded to Sentence. James tendered materials and made oral submissions on MR’s behalf as to why a further CRO without conviction was the most appropriate Sentence.

Ultimately, Her Honour found MR guilty of ‘Common assault’ and sentenced him to a CRO without conviction for the duration of 20 months. The CRO is conditional to no further offences being committed, and that MR continues to engage and comply with a mental health treatment plan.

Her Honour made a final Apprehended Domestic Violence Order (ADVO) for the duration of two years.

Had a conviction been recorded MR would have lost the job he has held for many years and relies upon to support not only himself, but other family members. 

This is an outstanding result and a great relief to MR.

6 Months CRO on Drug-Related Offences – No Conviction

RB was charged with ‘Possess Prohibited Drug’, namely cocaine, contrary to s 10(1) Drug Misuse and Trafficking Act 1985. This was RB’s first criminal charge.

 Chris Cole represented RB on Sentence where a plea of ‘guilty’ was entered to the offence.

Chris tendered written references and made oral submissions on RB’s behalf. His Honour considered submissions and ultimately agreed a Conditional Release Order (CRO) for a period of 6 months, without conviction, was an appropriate penalty.

This is a very pleasing result, particularly given that RB’s full-time work would be jeopardized, had a conviction been recorded.

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.

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.