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R v RI
RI was charged with one count of ‘proceed through red traffic light’ contrary to section 59(1) of the Road Rules 2014.
Chris Cole represented RI and his matter was heard at the Burwood Local Court. The RMS agreed to withdraw the charge against RI. Cole made an application for the RMS to pay professional costs in the matter and this application was successful. The RMS was ordered to pay $1,155.00.
R v AW
AW was charged with one count of ‘refuse/fail to comply with direction’ contrary to section 199 of the Law Enforcement (Powers and Responsibilities) Act 2002 and one count of ‘assault police officer in execution of duty’ contrary to section 60(1) the Crimes Act 1900 (NSW). The latter charge carries a maximum sentence of five years imprisonment and is thus a serious assault charge.
Chris Cole represented AW and the matter was heard at the Downing Centre Local Court. Cole made submissions that a prima facie case has not been made out to establish each charge. The presiding Magistrate accepted these submissions and found AW not guilty on both counts.
This was a great result for AW.
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.
R v VD
VD was charged with one count of ‘use carriage service to harass’, contrary to section 474.17 of the Criminal Code contained in schedule 1 of the Crimes Act 1914 (Cth). The maximum term of imprisonment for this offence is three years, making it a relatively serious charge.
Chris Cole represented VD and his matter was heard in Fairfield Local Court. VD had been bail refused for over six months and Police sought to adjourn the matter. Cole opposed the adjournment and the presiding Magistrate agreed.
The Police ended up withdrawing the charge and the associated AVO. This was a great result for VD as he had no resulting criminal record and no AVO.
R v MB
MB was charged with ‘firing at dwelling-houses or buildings’ contrary to the Crimes Act 1900. This is a serious charge that carries a maximum term of imprisonment of 14 years.
Christopher Cole represented MB and instructed barrister Greg Hoare as Counsel. A plea of not guilty was entered. The presiding Magistrate accepted arguments made on behalf of MB and found him not guilty. This was a great result for MB.
R v EH
EH was charged with one count of ‘common assault’, contrary to the Crimes Act 1900. A charge of common assault carries a maximum term of imprisonment of two years. Christopher Cole represented EH and a plea of guilty was entered at the Burwood Local Court.
The presiding magistrate accepted representations made on behalf of EH and sentenced her pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1995. No conviction was recorded and instead EH was placed on a Conditional Release Order to be of good behaviour for 18 months. This was a fantastic result for EH as she was able to maintain a clear criminal record.
R v LA
LA was charged with three counts of ‘assault occasioning actual bodily harm’, contrary to the Crimes Act 1900. Each charge of assault carries a maximum term of imprisonment of five years. Christopher Cole represented LA. His matter came before the Central Local Court and pleas of ‘not guilty’ were entered.
The presiding Magistrate accepted arguments made on behalf of LA and he was found not guilty for all three counts of assault occasioning actual bodily harm.
R v BF
BF was charged with ‘attempting to possess a commercial quantity of unlawfully imported border controlled drug, namely Methyl amphetamine’ contrary to the Criminal Code (Cth) 1995. This is a very serious offence that carries a maximum term of imprisonment of 25 years. The amount of Methylamphetamine in question was over 40kg.
Christopher Cole represented BF and a plea of guilty was entered. Ian McLachlan was instructed as Counsel and the matter came before the Sydney District Court. BF was sentenced to four years with an option for parole. This was an outstanding result for BF considering the severity of the charge and the amount of the controlled drug in question.
R v JG
JG was charged with one count of ‘destroy/damage property’ contrary to the Crimes Act 1900. This charge carries a maximum term of imprisonment of five years. Christopher Cole represented JG and his matter was heard at the Sutherland Local Court.
JG was sentenced under section 10 of the Crimes (Sentencing Procedure) Act and was found guilty without proceeding to a conviction. He was placed on a Conditional Release Order for a period of 12 months. This allowed JG to maintain his liberty and was a great result considering the severity of the facts and charge laid against him.
R v TP
TP had an Apprehended Domestic Violence Order made against him by Police following a domestic incident. Christopher Cole represented TP and his matter was heard at the Downing Centre Local Court.
Cole opposed the orders on behalf of TP, and Police agreed to withdraw the ADVO application against him. TP was very happy with this result.
R v CK
CK was charged with a number of moderately serious offences including ‘common assault’, ‘assault police officer in execution of duty and occasion actual bodily harm’, and ‘resist an officer’ contrary to the Crimes Act 1900.
Christopher Cole represented CK and argued that the charges should be withdrawn. The matter was heard at Picton Local Court and arguments were successful. All charges were withdrawn and CK was encouraged to pursue a civil claim against the Police Officer’s involved, if he so wished.
R v JP
JP was charged with three counts of aggravated sexual assault without consent, contrary to the Crimes Act 1900. Christopher Cole represented JP and the matter went to trial at the Parramatta District Court.
Pleas of ‘not guilty’ were entered for each of the charges. Grant Brady SC appeared as Counsel. Christopher Cole successfully argued JP’s case and he was found not guilty for all counts. This was a great result for JP as he was able to continue with his employment and move on with his life.
MS was convicted of one count of Intimidation (DV) after his former wife complained to police that during a road rage style incident he pulled over, banged on her windows, and threatened to kill her, while making a slashing gesture across his throat. At the time the complainant had their 1 year old infant in the car.
MS was represented in the Local Court defended hearing, having pleaded not guilty. However, he was convicted after all the evidence was heard, including the complainant’s evidence.
MS elected to appeal the conviction to the District Court. He also appealed the final ADVO.
Andrew Wright appeared in the appeal. Orders granting leave for the recall of the complainant were made on application to the court, as well as a police witness who was not called in the Local Court.
At the hearing of the appeal, the complainant was cross examined in detail and further submissions were made based on the multiple versions given by the complainant. The District Court Judge presiding was not satisfied beyond reasonable doubt that an offence had been proven, noting inconsistencies in both accounts before the court.
MS was acquitted of the criminal charge; the final ADVO order which had only several months remaining was confirmed.
TP, a 42 year old male, was charged with assault occasion actual bodily harm / alternately common assault for allegedly punching a woman in the chest, following which she alleged a breast implant was ruptured. TP was further charged for allegedly dragging the daughter of the woman along a park bench, so that her earring was ripped from her ear. A third person known to the complainants gave supporting evidence. TP pleaded not guilty.
Andrew Wright represented TP. He successfully persuaded the Magistrate that the prosecution case lacked corroboration, contained gaps, and was inconsistent. A defence case was called relying on evidence from TP’s wife. In the result, all charges were dismissed, and TP was found not guilty.
LL was charged with ‘ongoing drug supply’, that is, that he allegedly supplied prohibited drugs, on five occasions within a 30-day period, namely heroin, to a mid level dealer, who later on-supplied to university students. LL was also charged with ‘knowingly deal with the proceeds of crime’, in the sum of $40,000-odd in Australian currency; and also with ‘participate in a criminal group’. LL was charged with five other coaccused. LL, along with the coaccused who were initially charged, was refused bail in the Local Court. Mr Wright took over the matter following LL’s initial bail refusal.
Mr Wright prepared a Supreme Court bail application. Submissions were made based on a strong subjective case and an analysis of the prosecution case. The matter was complicated by uncertainty surrounding the status of the brief of evidence. Bail was in the result successfully granted, on conditions that LL reside at a family member’s address located away from the Sydney area, report to police, agree to forfeit $2,000 (self surety), and another acceptable person agree to forfeit $2,000.
TI was charged with aggravated robbery. He faced a trial at Parramatta District Court in 2015 before a jury of 12. TI was subsequently convicted of the offence, and was sentenced to a total term of imprisonment of 14 years, comprising of a non-parole period of 9 years and 3 months. Chris Cole acted for TI in his conviction appeal in the Court of Criminal Appeal. Chris Cole instructed Simon Buchen of council at the appeal. TI’s conviction was subsequently quashed and a retrial ordered.
TI also had a number of break and enter offences for which he had pleaded guilty in the District Court and was awaiting sentence. On 27 august 2018, Chris Cole made a bail application for TI. Chris Cole was successful in obtaining TI bail, pending the retrial of the robbery offence as well as sentencing for the break and enter matters. This was a fantastic result having regard to the fact that TI had two offences for which he had to ‘show cause’ on his bail application.
FS was charged with 'reckless wounding' after an argument with a partner.
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Read moreMM was charged with an offence of 'common assault' as well as for 'breach of AVO'. MM pleaded not guilty to each of the offences and the matter proceeded to a Hearing in the Downing Centre Local Court.
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