Appeal Against Conviction for Trafficking

Appeal Against Conviction for TraffickingOur client was in custody after having been found guilty at trial in the County Court of trafficking (through manufacturing) methylamphetamine. He had been sentenced to 4 years imprisonment, with a non-parole period of 2 years and 9 months. He had pleaded not guilty at the trial, running a defence that he was not involved in the manufacturing, and that it was essentially set up by a person known to him.

The client wanted to appeal his conviction. Amelia Ramsay acted on his behalf at the Melbourne Court of Appeal.

Our firm did not represent this client at his initial trial. After reviewing all the materials, we advised the client to also lodge an appeal against the severity of the sentence. We found that there were some serious issues which had arisen during the running of his trial which resulted in a miscarriage of justice, with the most significant being that the client’s own barrister had previously represented the main witness for the prosecution. We advanced this novel argument with success.

We forcefully submitted that not only had there been a miscarriage of justice, but it was so great that the client ought not to wait for the appeal to be heard and determined before he gets released on bail. There is an ‘exceptional circumstances’ test which must be satisfied for a person to be released on bail while appealing to the Court of Appeal. We submitted that this was an exceptional case and we were successful in persuading the Court of this.

The date originally allocated for the hearing of the appeal was brought forward, the appeal was heard, conviction quashed, and the client released immediately on bail.

 


Amelia RamsayAmelia Ramsay

Admitted to practice in 2013, Amelia performs her work with care and professionalism ensuring clients understand the Court process, their charges and that they receive the best possible outcome.

Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates' Court and suburban courts as a solicitor advocate.

Check out Amelia's profile to know more about her legal background and specialisations.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 12/10/2015