Plea Traversal Granted, Found Not Guilty; Supply Prohibited Drug

DJ was charged with ‘Supply prohibited drug >indictable & <commercial quantity’, namely Heroin, contrary to s 25(1) Drug Misuse and Trafficking Act 1985. This offence carries a maximum penalty of 2 years imprisonment if prosecuted in the Local Court and 15 years imprisonment if prosecuted in the District Court. DJ has complex chronic health conditions that often render him in excruciating pain. He was receiving inpatient hospital treatment at the time of the offence.

DJ initially pleaded guilty to the offence. He did not fully understand the process or the nature of the charge he was pleading to. DJ sought new representation and made contact with O’Brien & Hudson Solicitors. Chris Cole acted in his matter moving forward.

Chris appeared at the Local Court where he lodged a Section 4 Application / Plea Traversal on DJ’s behalf. His Honour granted that application and a plea of not guilty was entered.

The matter proceeded to Hearing. Chris tendered written materials and made oral submissions on DJ’s behalf. DJ gave evidence and closing submissions were made by the Prosecution. The Magistrate then proceeded to Judgment, ultimately finding DJ not guilty of the offence.

This is an outstanding result for DJ.

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 PW plead guilty to both counts of ‘Possess prohibited drug’, and the charge of ‘Supply prohibited drug’ was withdrawn.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.

Charged with Seven Serious Offences, CCO Imposed

RA was charged with seven serious offences namely, two counts of ‘Supply of prohibited drugs’, contrary to section 25(1) Drug Misuse and Trafficking Act 1985, three counts of ‘Possess prohibited weapon’, contrary to section 7(1) Weapons Prohibition Act 1998, one count of ‘Possess unregistered firearm’ contrary to section 36(1) Firearm Act 1996; and one count of ‘Goods in custody’, contrary to section 527C(1)(a) Crimes Act 1900.

James Castillo successfully negotiated the matter with the Police Prosecutors to withdraw the ‘goods in custody’ offence and place the two counts of ‘possess prohibited weapon’ and ‘possess unregistered firearm’ on Form 1.

RA pleaded guilty to the two supply prohibited drugs offences and one count of ‘possess prohibited weapon’. Chris Cole represented RA on his Sentence and made submissions on why CCO is an appropriate sentence. His Honour agreed and imposed a Community Corrections Order for 12 months pursuant to section 8 Crimes (Sentencing Procedure Act) 1999 concerning the supply of prohibited drug offences and the same Order for 30 months for the possess prohibited weapon offence taking into account all the charges on Form 1 with an additional condition to complete 180 hours of Community Service.

This is a pleasing result for RA given he originally faced 7 serious charges and having breached an existing CRO and CCO when he committed the above offences.

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

Charged with 4 Drug-related Offences, Bail Granted

SV is charged with four offences-- two counts of ‘Supply Prohibited Drug’, ‘Deal with proceeds of crime’ and ‘conduct drug premises while child present’.

Chris Cole represented SV on his release application at Penrith Local Court. He made submissions and tendered documents supporting why SV needs to be released from custody including a letter from SV’s wife. His Honour granted bail with strict but reasonable conditions.

This result is great for SV as not everyone charged with the same type of offences is granted bail.