Deferring a Sentence for a Youth Charged With Numerous Offences

This is a case study on deferring a sentence for a youth charged with numerous offences.

What is alleged to have occured?
Our client was a young man who was heading down the wrong path. He had made a new group of friends. He was gambling, using party drugs, and helping one of his friends sell them. Eventually he was caught by the police and was charged with numaerous offences.

After spending a night in custody, the client realised that he was on a path he did not wish to continue on. He engaged Kate Da Costa to act on his behalf at the Sunshine Magistrates’ Court for the following charges:

What happened at court?
Kate negotiated with the police for the withdrawal of several of the charges against the client. She obtained from the client character references and materials demonstrating the client’s ongoing studies and his hopes for his future career.

When appearing before the court, Kate made submissions on the client’s behalf emphasising his youth and the significant impact of this matter on his future employment prospects. She submitted that he be considered for participation in a youth program prior to the court determining a sentence. The court agreed and our client’s sentence was deferred to allow him to complete a youth program.

The program ran for six months. The client was allocated a case worker and he participated in drug counselling and courses to reduce the risk of offending behaviour. He was grateful for the opportunity to demonstrate his genuine desire to change his behaviour, and he excelled.

What was the result?
When the matter returned to court for sentencing, comprehensive and positive reports were provided to the court about the client’s successful engagement with the youth program. The court was impressed with our client’s dedication and ultimately imposed a modest financial penalty for the client’s criminal behaviour.

Successfully deferring a sentence for a youth charged with numerous offences was an excellent outcome. In the end, the client was not convicted of the offences and he was able to maintain his hopes for a successful future.

Elements of Trafficking in a Drug of Dependence:
  • The accused must have trafficked or attempted to traffick in a drug of dependence.
  • The accused had the intention to do so.
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Kate Da CostaKate Da Costa

Kate is one of our senior associates and is part of our Sunshine team. She regularly represents clients at the Sunshine Magistrates’ Court for various criminal legal issues.

Admitted to legal practice in 2002, Kate has since been working exclusively in the field of criminal law. She has experience in all Victorian criminal law jurisdictions including in the High Court of Australia.

View Kate Da Costa’s profile.
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 14/10/2019