Imprisonment Avoided for a Client on Remand
Our client was remanded in custody awaiting trial for serious charged of Armed robbery and Intentionally causing serious injury for stab wounds allegedly caused in a drug deal gone wrong. He had a long criminal history with past offences related to drug use and drug trafficking as well as violent and property crimes.
Our client also faced charges of possessing a bag of cannabis that was found in a separate incident when he was searched by Police at a train station. While possessing a relatively small amount of cannabis is not ordinarily a serious offence, for someone who is already in custody and who has a long criminal history, there is a tendency for Magistrates to impose a harsh sentence and impose periods of imprisonment. It is easier to sentence someone to imprisonment when they are already locked up – either on remand or serving a sentence.
Our client admitted the possession of the cannabis and Josh Taaffe acted for him at the Dandenong Magistrates’ Court. Josh obtained psychological reports to demonstrate to the Court that our client had ongoing psychiatric and drug issues that related to childhood abuse. On the plea the Court was helped to look past the fact that our client was already in custody on remand and to see the objective seriousness of the offence in the context of our client’s troublesome personal history.
Our client received a $200 fine.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’s profile to read more about his background and experience.
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