Charged with seven offences including assault an officer and resist police, successful s 32 application

R v JB

JB was charged with seven offences including fail to leave premises, resist police, assault an officer in the execution of their duty and more.

The charges arose after JB attended a music festival and was denied entry due to intoxication.

Chris Cole represented JB and noted that a section 32 application pursuant to the Mental Health (Forensic Provisions) Act would be appropriate due to JB’s mental state at the time of offending.

Medical reports were obtained and the matter came before Her Honour Wynhausen at the Burwood Local Court. Her Honour accepted the application, and ordered JB to continue his mental health treatment plan as an alternative to a criminal conviction.

This was an excellent result for JB as he was able to maintain his clear criminal record, as well as access the medical services that he required.

Resist or hinder police, successful severity appeal avoids prison term and criminal record

R v JW

JW was charged with one count of ‘resist police/hinder police/incite another to assault/resist/hinder police’ contrary to s.546C of the Crimes Act 1900. This charge carries a maximum term of imprisonment of one year.

Chris Cole represented JW in relation to a severity appeal against his original sentence. Cole made submissions to the presiding Magistrate that JW should not have a criminal conviction recorded against him and instead should be dealt with by way of Community Corrections Order. This was accepted and JW successfully had his sentence overturned.

This was a great result for JW as he was able to maintain his liberty as well as avoid a criminal record.