Multiple Counts Trafficking a Drug of Dependence Resolved Efficiently
Case: $15,000 for clean skin drug trafficker convicted of 5 trafficking charges and dealing with proceeds of crime
Our client’s home had a search warrant executed by police at a rental property he resided with other people as part of a room sharing agreement. Drugs were located throughout the property. Our client was the target of the raid however the room mates had personal quantities of drugs in their respective rooms which also lead to them being charged.
Initially our client was remanded despite having no prior convictions. He knew of our firm through a friend and contacted us immediately so we were able to act quick and he was granted bail overnight. It was an easy application for bail, not just because he had no prior convictions but also because the Coca-Cola bottle which contained the 1,4B had been frozen and the police ‘investigators’ had alleged that this was a commercial quantity of methylamphetamine. However as time passed after seizure and when stored at the police station through the day, the coca-cola bottle defrosted and investigators were forced to admit their mistake which conveniently occured prior to the informant giving evidence in the application for bail.
Investigators located incriminating evidence on our client’s mobile phone which shifted the strengh of the prosecution case on the trafficking charges however prosecution were not able to meet disclosure requirements which allowed for the matter to efficiently resolve by way of a sentence indication. At the contesst mention phase of the Court proceedings, our client applied for a sentence indication before a Magistrate who understood that the were issues in the prosecution case preventing an agreement on facts, therefore offered our client a sentence which wouldnt ordinarily be afforded to him if he had pleaded guilty to the prosecution case as it stood at the time.
Our client had significant plea material by way of personal character references and a detailed psychological report detailing a diagnosed mental disorder.
Charges/ Ch1 (Traffick Commercial quantity of Meth); Ch2 (Traffick MDMA); Ch3 (Traffick 1,4B); Ch4 (Traffick Heroin); Ch5 (Traffick Cannabis); Ch6 (Deal with proceeds of crime); Ch7 (Posess drug of dependence); Ch8 (Possess Proceeds of crime $4,077.50)
Result/ Ch1 amended to remove commercial aspect, plea to remaining charges. sentenced to a $15,000 fine with conviction. No further orders
Our lawyer negotiated with the Prosecution to withdraw the commercial drug trafficking charge over several months. This may have saved our client from receiving a corrections order or even a prison sentence.