Attempt to Pervert the Course of Justice; Intensive Correction Order

JK was charged with pervert the course of justice contrary to s139 Crimes Act 1900.

This is a serious offence which carries a maximum penalty of 14 years.

Chris Cole acted for JK in this matter.

At Sentencing Chris Cole tendered a number of materials on JK’s behalf including affidavits, psychological reports and multiple character references.

Ultimately, JK was sentenced to a term of imprisonment of 22 months to be served by way of an Intensive Correction Order in the community.

This is a very pleasing outcome as JK has avoided imprisonment and is able to serve his Order in the community.

Numerous serious charges: Found Not Guilty

JH was charged with numerous serious offences including intentionally choke etc person without consent, two counts of common assault domestic violence related and intentionally or recklessly destroy/damage property domestic violence related.

Chris Cole acted for JH in the matter and entered pleas of not guilty on all counts.

At the Hearing the complainant and a number of witnesses gave evidence. Ultimately, Her Honour was not satisfied on the requisite standard of ‘beyond a reasonable doubt’ on any of the counts and found JH not guilty of each offence.

This is a very pleasing result for JH.

Mental Health Diversion: Multiple Serious Charges Dismissed

JT was charged with a number of serious offences including three counts of larceny, one count of armed with intention to commit indictable offence and one count of goods in personal custody suspected being stolen.

At the time, JT was struggling with mental health conditions.

Chris Cole acted for JT in the matter and thought it was appropriate to apply for a Section 14 Application for the charges to be diverted from the criminal justice system and into the mental health regime.

JT had a criminal record and already had been placed on a mental health treatment plan in the past.

In support of the current Application, various materials were tendered including letters from hospitals, general practitioners and psychologists, as well as a letter from JT to the Magistrate.

After careful consideration the Magistrate diverted the criminal charges from the criminal justice system and into the mental health regime, whereby she dismissed each of the offences on the condition that JT adhered to a treatment order.

This is a fantastic result for JT, as he can continue treatment in the community.

High range PCA; Disqualification of licence for 6 months and Convicted

MA was charged with drive with high range PCA contrary to s110 Road Transport Act. MA plead guilty to the offence, and the matte was listed for Sentence. Chris Cole tendered multiple character references and an affidavit on MA’s behalf. Chris also made oral submissions which ultimately led the Magistrate to agree. MA was convicted, fined and was disqualified from driving for 6 months.

This is a very pleasing result for MA, considering the severity of the offence.

Multiple serious assault offences; Not guilty on all charges

AM was charged with a number of serious offences such as intentionally choke person with recklessness, assault occasioning actual bodily harm, stalk/intimidate, common assault and intentionally choke. AM pleaded not guilty to all of the offences and Chris Cole subsequently represented AM at the Downing Centre Local Court.

Chris Cole cross-examined multiple witnesses and police officers and called AM to give evidence.  Chris’ strong oral submissions convinced his Honour that all the offences had not been proven beyond a reasonable doubt. AM was therefore found not guilty for all the offences.

AM was very pleased with the outcome of his matters.

Common Assault; No conviction – CRO

CD was charged with and plead guilty to common assault against his former de facto partner. The AVO that was put in place meant that CD could not see or speak to his child.

At Sentence, Chris Cole made oral submissions concerning penalty and the terms of the AVO.

Her Honour ultimately decided not to convict CD, but instead place CD on a Conditional Release Order for 12 months. Her Honour did decide however to uphold the AVO for 2 years.

This was a good outcome for CD.

DUI Illicit Drugs; Disqualification of licence for 6 months and Good Behaviour Bond

JC was charged with Driving motor vehicle with illicit drug present in blood, namely cannabis and cocaine. JC has a criminal history relating to similar offences. JC was working as a Carpenter at the time and required his drivers’ licence to conduct his job.

JC completed a Traffic Offender Intervention Program prior to his Sentence at the Waverley Local Court.

At the Sentence Chris Cole tendered an affidavit by JC, completion certificate of the TOIP and a letter from Waverley Drug & Alcohol Service.

JC was convicted and lost his licence for 6 months, that being the minimum period.

Avoiding a lengthy suspension and any good behaviour bond is a very pleasing outcome for JC.

ADVO Application made against client; Application Withdrawn

DR’s de facto partner applied for an Apprehended Domestic Violence order against him. Chris Cole prepared written police representations seeking the police to withdraw the ADVO application prior to the Hearing date.

The matter was listed for Hearing at the Downing Centre Local Court. The Prosecutor reviewed the evidence and obtained instructions to withdraw the Application. The Magistrate then formally withdrew the Application.

This is a very pleasing result for DR, as a successful application would have meant he couldn’t see or go near his daughter.

Company charged with drive heavy vehicle not comply with mass requirement; Fined and Convicted

Chris acted for a company that was charged with drive / permit heavy vehicle not comply with mass requirement. The maximum penalty for this offence is $63,150.00.

The company plead guilty and was subsequently listed for Sentence.  Chris tendered an affidavit and made oral submissions as to the circumstances of offending and appropriate penalty.

Her Honour convicted the company and fined it $2,000.00.

This is a very pleasing result, having regard to the maximum penalty that could have been imposed.

Dispute as to lawful owner of goods; Client deemed lawful owner

Chris acted for a company that was involved in a dispute over who was the lawful owner of the subject goods. At the Hearing, Chris Cole tendered a number of materials that supported the fact that the company was the lawful owner of the goods. The Magistrate ultimately agreed and ordered that the goods be returned to the company, as they were determined to be the lawful owner.  

TLA was very pleased with this outcome

Drive with high range PCA; 6-month licence disqualification

PL was charged and plead guilty to drive with high range PCA. Chris Cole represented PL at the Downing Centre Local Court where the matter was listed for Sentence.

PL requires his driver’s licence for work, as he is a subcontractor. PL completed the TOIP before his Sentence.

Chris tendered subjective materials and made oral submissions as to penalty. Her Honour agreed with Chris, and disqualified PL for the minimum period of 6 months.

This is a very pleasing result for PL, considering the severity of the offence.

Possess prohibited drug; Conditional Release Order with no conviction”

JP was charged with possess prohibited drug contrary to s10 Drug Misuse and Trafficking Act. JP instructed Chris Cole to enter a plea of guilty and subsequently the matter was listed for Sentence.

Chris tendered multiple letters from JP’s psychologist and drug & alcohol counsellor, character references and an affidavit by JP. Chris then made oral submissions as to why the Court should exercise its discretion not to convict JP.

Ultimately, her Honour agreed and did not convict JP, rather he was placed on a conditional release order for 12 months.

This is  very pleasing outcome for JP as he did not get a criminal record.

Possess prohibited drug; Conditional Release Order with no conviction

DF was charged with possess prohibited drug, namely cocaine, contrary to s10 Drug Misuse and Trafficking Act. Chris Cole entered a plea of guilty as per DF’s instructions.

At Sentence Chris tendered multiple character references and an affidavit by DF. His Honour subsequently imposed a conditional release order without a conviction.

This is a great outcome for DF, as he avoided a criminal record.

Multiple serious offences; Negotiations lead to a plea deal and a CRO without conviction

JL was charged with a number of serious offences, including owner/occupier knowingly use as drug premises, found on / entering or leaving drug premises, conceal serious indictable offence and recklessly deal with proceeds of crime.

Chris Cole represented JL in this matter. Chris work tirelessly in negotiating with the Prosecution and negotiated a plea deal in which JL would plead guilty to the offence of found on / entering drug premises, and the rest would be dropped.

When the matter went to Sentence, Chris made strong oral submissions concerning penalty. His Honour agreed with Chris and did not convict JL of the offence of found on / entering drug premises, but instead placed JL on a Conditional Release Order for 2 years.

 This is an amazing outcome for JL, as he has avoided a criminal record.

Stalk / Intimidate and AVO; Case dismissed

JM was charged with stalk / intimidate and an Apprehended Violence Order was made against him.

Chris Cole acted for JM at the Hearing. At the Hearing the Prosecution made an application for the complainant to give evidence via AVL. The Prosecution had difficulty establishing a link with the complainant who was overseas. The Prosecution then sought to adjourn the Hearing to allow the complainant to return from overseas and appear physically in Court. Chris strongly objected to this course of action. His Honour ultimately agreed with Chris and refused the application to adjourn the proceedings. The Police then withdrew the charge and AVO.

This was a great outcome for JM.

Assault offence; Case dismissed at Hearing

RC was charged with assault occasioning actual bodily harm contrary to s59 Crimes Act 1900. As per RC’s instructions, Chris Cole entered a plea of not guilty on his behalf.

On the day of the Hearing, the complainant did not appear at Court and the matter was adjourned to a later date. On that later date, the Prosecution attempted to adjourn the proceedings again. Chris made oral submissions opposing this application. After hearing these submissions, her Honour determined it was not in the best interests of fairness to have the matter adjourned again.

All the charges were withdrawn by the Prosecution.

Multiple offences, initially bail refused; Bail now granted

JV was charged with multiple serious offences such as assault occasioning bodily harm, attempt/stalk intimidate intend fear of harm and destroy / damage property.

JV was in breach of current bail conditions when these offences were committed and also had a criminal record with multiple identical offences recorded.

JV was initially refused bail. With the help of Chris Cole he was granted bail and awaits his court dates.

ADVO Application made against client; matter dismissed, professional costs paid by Police

LA had an Apprehended Domestic Violence Order put against him in circumstances where it was not warranted. Chris Cole acted for LA in this matter.

At the Hearing, there was no attendance by the officer in charge or the other relevant party. The Prosecution sought to adjourn the proceedings, which Chris opposed. Her Honour agreed with Chris and did not allow the adjournment, and the Police had to withdraw the Application.

Chris then submitted that the Police pay LA’s professional costs due to the poor case management on the Police’s behalf. Her Honour agreed with Chris and determined that the Police had deviated from the reasonable case management of the proceedings so significantly as to be inexcusable.

The Police paid LA’s professional costs and the matter was thrown out.

Speeding >30km/h and Traffic Offence; Fined

EN was charged with motor vehicle exceed speed >30km/h and not give right change of direction signal with lights. Chris Cole represented EN in this matter and entered pleas of guilty on behalf of EN.

Chris negotiated the charges with the officer in charge and was successful in amending the charge of speeding to exceed speeding between 20-30km/h. This amended offence does not carry an automatic loss of licence. Following the negotiations, the police withdrew the second charge. The matter then proceeded to Sentence, where EN was convicted and fined $200.

This is a very pleading result for EN as his licence was not disqualified.

Community Corrections Order; Multiple serious offences

GD was charged with a number of offences including contravene prohibition in AVO, stalk / intimidate intend fear physical etc harm, destroy or damage property, contravene restriction in AVO and stalk/intimidate intend fear physical etc harm.

GD was initially refused bail, however Chris Cole was able to persuade the Magistrate to allow for conditional bail.

When these offences were committed, GD was on two Community Correction Orders.

Chris made strong oral submissions to ensure GD wasn’t incarcerated.

The Magistrate imposed an aggregate sentence for all the offences of 18 months, which was to be served in the community as an intensive corrections order.

This is a fantastic outcome for GD.