Appeal Against Sentence – Exceed Prescribed Concentration of Drugs

Our client was a commercial truck driver who was pulled over by the Police for a random licence check. A drug test was conducted by the Police which indicated that our client had amphetamines in his system. He was charged with:

Our client also had several relevant prior convictions.

When our client appeared at the Magistrates’ Court with a Duty Solicitor to represent him, the sentencing Magistrate imposed a 15 x month loss of licence, effective immediately. This was far in excess of the mandatory minimum period of 6 x months.

Our client filed an appeal against the severity of that sentence and engaged our office to appear for the Appeal in the County Court. We represented him at the Melbourne County Court.

After hearing submissions from the defence on the Appeal, with respect to the nature of the offending and the personal circumstances of the client, the presiding Judge imposed a fine and licence cancellation and reduced the disqualification period from 15 x months to only 8 x months, backdated to the original hearing date. This outcome was significant for our client as it allowed him to return to the workforce and provide for his family much sooner than under the original penalty.

 


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 25/02/2013