Only 2 Years Imprisonment for a Plea to Knowing Take Part in Supply of 1,130g Heroin

DW was charged with ‘Supply Large Commercial Quantity of Prohibited Drug (Heroin)’, contrary to section 25(2) Drug Misuse and Trafficking Act 1985. The maximum penalty for this offence is ‘life’ imprisonment, with a standard non-parole period of 15 years and/or a fine of 5,000 penalty units (or $605,000.)

Upon negotiating with the Office of the Director of Public Prosecutions, Chris Cole succeeded in having the charge reduced to ‘Knowingly take part in the supply of large commercial quantity of prohibited drug (heroin)’, to appropriately reflect DW’s role in the offending. This offence carries the same maximum penalty.  

Chris briefed Counsel Nancy Mikhail to act for DW at his sentence proceedings at the District Court. A comprehensive sentence bundle of DW’s subjective materials was prepared and tendered at his proceedings, supplemented by oral submissions. Ultimately, DW was sentenced to 2 years imprisonment, comprising of a non-parole period of 15 months.

This is an outstanding outcome for DW, particularly noting the serious nature and maximum penalty of the offence.

Charged with ‘Drive while prohibited drug present in oral fluid’, receives Conditional Release Order with no conviction recorded

ST was charged with ‘Drive while prohibited drug present in oral fluid’, namely cannabis.

Chris Cole tendered material and oral submissions on ST’s behalf as to why Her Honour ought not to convict him. Her honour agreed and ST was placed on a Conditional Release Order without conviction for a period of six months.

This was a great outcome for ST as it did not impede on his future hopes of joining the Australian Defence Force and he was able to continue driving.

Show cause bail, bail granted, commercial quantity prohibited drug

R v KD

On 26 March 2019 Christopher Cole appeared in the Supreme Court of NSW on a ‘show cause’ release application for the accused KD.

KD was charged with supplying a commercial quantity of a prohibited drug, as well as an indictable quantity of a prohibited drug.

KD was also on bail for other alleged offences at the time of his arrest.

Both the commercial quantity charge and the fact that KD was on bail at the time of his arrest, triggered two ‘show cause’ events.

A substantial amount of the material was tendered on KD’s behalf and eventually the judge determined that KD had shown cause as to why his detention was no longer justified. He was released on strict conditional bail.

Considering KD had to show cause for two events, this was a fantastic result for the client. The matter remains on foot in the Local Court.