Sentence of Imprisonment to be Served by Way of ICO; Deal with Proceeds of Crime

TL was charged with two counts of ‘Deal with property the Proceeds of Crime’, contrary to s 193C(1) Crimes Act 1900. The maximum sentence for this offence is a term of imprisonment of 5 years. Following his arrest Chris Cole made a successful Application for Grant of Bail. TL was immediately released from custody on bail. TL instructed Chris to enter pleas of guilty to both counts of ‘Deal with property the Proceeds of Crime’.

Chris briefed Counsel James Trevallion to act in TL’s sentence proceedings. A comprehensive sentence bundle of subjective materials was prepared and tendered, supplemented by oral submissions. The Magistrate considered submissions and ultimately sentenced TL to a term of 14 months imprisonment on the first count and 10 months imprisonment on the second count. His Honour ordered that assessment take place as to TL’s suitability to serve that sentence by way of an Intensive Corrections Order (ICO) with a Home Detention component. The matter was adjourned.

The matter then proceeded for part-heard Sentence where the His Honour found TL suitable to serve his sentence by way of an Intensive Corrections Order, with a Home Detention component. Ultimately, His Honour imposed both offences to be served concurrently, by way of ICO, Home Detention and a total of 100 hours community service.

This is a very pleasing result for TL.  

Successful Negotiations with Prosecution on Drug-Related Charges – CRO on Sentence

DS was charged with 11 drug-related and proceeds of crime offences, namely, ‘Deal with Proceeds of Crime < $1,000,000.00’, contrary to s 193(C) Crimes Act 1900, ‘Supply prohibited drug (Cannabis Leaf)’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985,  3 counts of ‘Possess/attempt to possess prescribed restricted - (Tramadol, Methylphenidate, Diazepam)’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985 and 6 Counts of ‘Possess prohibited drug (Cannabis Leaf, Alprazolam, Oxycodone, Tramadol, Methylamphetamine)’, contrary to s 16(1) Poisons and Therapeutics Goods Act 1966.

Chris Cole submitted representations to the Local Area Commander. He noted an early plea of guilty to ‘Possess prohibited drug (Cannabis Leaf)’ and sought to withdraw the remaining charges. He further noted no evidence of drug supply, receipts corresponding to the small amount of cash found on the premises and prescriptions in DS’ name for Tramadol and Oxycodone. The remaining restricted medications were prescribed to acquaintances of DS, all having recently stayed in her home.

Following negotiations, the Prosecution ultimately agreed to Chris Cole’s offer, withdrawing a number of charges in exchange for a plea of guilty to ‘Possess prohibited drug (Cannabis)’, placing one count of each ‘Possess prescribed restricted substance’ and ‘Possess prohibited drug’ on a Form 1.  

The matter proceeded to Sentence.

Chris tendered written material and made oral submissions on DS’ behalf. Ultimately, His Honour sentenced DS to a Conditional Release Order (with conviction) for period of 12 months, the only condition imposed was to be of good behaviour for the duration of that order.

This is a great result for DS, particularly noting the objective seriousness of the initial charges.