Significant Reduction in Sentence on District Court Severity Appeal; Dangerous Driving Occasioning Grievous Bodily Harm, Police Pursuit

JM was initially charged with a number of serious driving-related offences, namely, ‘Police pursuit- not stop- drive dangerously’, contrary to section 51B(1) Crimes Act 1900, ‘Exceed speed over 20km/h’, contrary to section 20 Road Rules 2014, ‘Dangerously driving occasioning grievous bodily harm’, contrary to section 52A(3)(c) Crimes Act 1900, ‘Negligent driving occasioning grievous bodily harm’, contrary to section 117(1)(b) Road Transport Act 2013, ‘Cause bodily harm by misconduct’, contrary to section 53 Crimes Act 1900, ‘Owner not disclose identity of driver or passenger’, contrary to section 17(1) Law Enforcement (Powers and Responsibilities) Act 2002 and ‘Not give particulars to police’, contrary to section 287(1) Road Rules 2014.

Pleas of guilty were entered to the charges of ‘Police pursuit- not stop- drive dangerously’, ‘Excess speed’, ‘Cause bodily harm, in charge of motor vehicle‘, and ‘Aggravated dangerous driving’. The remaining charges were withdrawn. JM was sentenced to an aggregate term of imprisonment of 3 years.

Chris Cole lodged a Severity Appeal in the District Court on JM’s behalf. An updated Sentence Assessment Report was ordered and the matter was adjourned for further Hearing and determination. The Severity Appeal was then listed for Judgment, on which occasion the Judge allowed the appeal, re-sentencing JM to an aggregate term of imprisonment of 2 years, 6 months with a non-parole period of 1 year 8 months.

This is a significant reduction in sentence and a very pleasing result for JM.    

Conviction Overturned on Appeal

JW was charged with one count of ‘Use Inside Information to bet on event’ contrary to s 193Q(2)(a) Crimes Act 1900, and one count ‘Possess Inside Information/communicate other to bet on event’, contrary to s 193Q(2)(c) Crimes Act 1900.  

JW was convicted and Sentenced to a Conditional Release Order (CRO) for a period of 18 months on the ‘Use Inside Information to bet on event’ charge. The ‘Possess Inside Information/communicate other to bet on event’ charge was placed on a Form 1.

Chris Cole lodged a District Court Severity Appeal on JW’s behalf.

Chris Cole briefed Counsel, Phillip Boulten SC, who then made submissions in the District Court concerning why Her Honour ought not convict JW, focussing primarily on the extra-curial punishment JW had suffered as a result of the offending. The Crown submitted that although the offence was serious, Her Honour would not be in error if a conviction was not recorded. Her Honour considered the matter and proceeded to deliver Judgment.

Her Honour ultimately upheld the appeal and quashed the conviction, instead placing JW on a CRO, without conviction, for the duration of 18 months.

This is an outstanding result.

Successful severity appeal, sentence significantly reduced

R v MV

MV was charged with one count of murder contrary to section 18 of the Crimes Act 1900. He pleaded guilty in the Supreme Court and was sentenced to a term of imprisonment of 16 years and 2 months.

Chris Cole filed a severity appeal on behalf of MV in the Court of Criminal Appeal. This appeal was successful and MV was re-sentenced to a period of 15 years, with a non-parole period of 11 years and 3 months.

This was a great result for MV considering the maximum penalty for a charge of murder is a life sentence of imprisonment.

Convicted for damaging property, raised visa concerns - on appeal no conviction

R v SV

SV pleaded guilty in the Local Court to one count of ‘destroy/damage property’ contrary to section 195 of the Crimes Act 1900.

The offence carries a maximum penalty of five years imprisonment.

Chris Cole did not act for SV in the Local Court. In the Local Court the Magistrate convicted and fined SV for the offence. This was problematic for SV as he was on a bridging visa and had applied for permanent residency.

Chris Cole appeared on appeal in the District Court at Parramatta on the 11th April 2019.

Chris made submissions to the learned Judge as to why SV ought not to be convicted of the offence. The Judge agreed, upheld the appeal and instead placed SV on a Conditional Release Order without conviction for a period of nine months.

This result meant that SV’s ‘visa issues’ were obviated.

This was a great result as SV was married and had a young child born in Australia. He was able to remain with his family.

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.