Found With Ketamine at a Dance Party Venue, Non-Conviction Imposed

SM was charged with ‘Possess prohibited drug’ as a result of being found with ketamine in his possession at a hotel hosting an electronic dance party.

SM retained Chris Cole and a plea of guilty was entered on his behalf. At Sentence, Chris tendered an Affidavit from SM and various character testimonials in support of his good character. The Presiding Magistrate ultimately determined it inexpedient to record a conviction and instead placed SM on a Conditional Release Order without conviction for 2 years. The only term of that Order is to be of good behaviour for its duration.

This is a pleasing result.

Non-Conviction for Possession of MDMA, And Dismissal for Possession of Cannabis

CD was charged with two counts of ‘Possess prohibited drug’—one for possession of MDMA, and a separate charge for possession of cannabis. The circumstances of the charges related to CD being searched at a music festival after being approached by a drug detection dog.

CD pleaded guilty to each of the offences. Chris Cole represented CD at his Sentence. He relied on CD’s Affidavit and various character testimonials in support of CD’s good character.

CD was sentenced with a Conditional Release Order without conviction for 12 months with respect to possession of MDMA. The Presiding Magistrate exercised his discretion and dismissed the charge of possession of cannabis.

This is a pleasing result for CD noting his young age and that any conviction would have an impact to his future employment opportunities.

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.

‘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.

Section 32 Granted on Multiple Drug Offences

PW was charged with one count of ‘Supply prohibited drug’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985 and two counts of ‘Possess prohibited drug’, namely methylamphetamine and gamma butyrolactone, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole and Bill O’Brien represented PW in these matters. PW plead guilty to both counts of ‘Possess prohibited drug’, and the charge of ‘Supply prohibited drug’ was withdrawn.

A Section 32 Application was made and subsequently listed for Hearing at the Downing Centre Local Court. In support of the Application Bill O’Brien tendered extensive materials and made oral submissions on PW’s behalf.

Ultimately, Her Honour allowed PW’s matter to be diverted away from the criminal justice system and dismissed the charges pursuant to s 32 Mental Health (Forensic Provisions) Act 1990, upon the condition PW comply with a supervised treatment plan.  

This is a very pleasing result.

‘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 Multiple Drug-related Offences, Downgraded and Form 1 Granted, Sentenced to Intensive Correction Order

JM was charged with four offences ­-- ‘Supply Prohibited Drug’, ‘Possess Prohibited Drug’, ‘Drive with drug present in oral fluid’ and ‘Proceeds of Crime’.

Chris Cole represented JM in this matter. The charge of ‘Supply of Prohibited Drug’ was downgraded to ‘Knowingly take part in supply of prohibited drug’ and the further offence ‘Proceeds of Crime’ was placed on a Form 1.

Chris represented JM at Downing Centre Local Court where he tendered materials and made oral submissions supporting JM’s otherwise sound character and remorse at his offending behaviour.

Due to his lack of prior offences and low risk of reoffending His Honour sentenced JM to an Intensive Correction Order of 10 months with supervised drug screens for to ‘Knowingly take part in supply of prohibited drug’, a Fine of $330 for ‘Possess Prohibited Drug’ and Conditional Release Order (without conviction) of 10 months.

This is a very pleasing result for JM given the maximum term of imprisonment for these charges. He instead is able to remain in the community and continue driving

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.

Caught with prohibited drug, charge dismissed with no criminal record or bond

R v SK

SK was charged with ‘possess prohibited drug’ contrary to section 10(1) of the Drug (Misuse and Trafficking) Act 1985.

Chris Cole represented SK in the Downing Centre Local Court.

The presiding Magistrate accepted representations made on behalf of SK, and dismissed the matter pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

She did not receive a criminal conviction.

This was a great result for SK as she was able to avoid any 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.