Drug Charges – Suspended Sentence and Adjourned Undertaking

Our client was charged with trafficking a drug of dependence (cocaine) and possessing a drug of dependence (cocaine). The quantity of cocaine initially alleged to have been trafficked by our client and a co-accused was 5 ounces. The period of alleged trafficking was 6 days, and the trafficking amounted to an agreement to traffick and the proceeds were not realised.

Our client had no prior court history.

Shaun Pascoe represented our client at the Ringwood Magistrates’ Court.

For the offence of trafficking a drug of dependence, our client received a 6-month wholly suspended sentence.

For the charge of possession of drug of dependence, our client received an adjourned undertaking to be of good behaviour and to pay a specific amount into the Court fund.

Powerful material was tendered in mitigation during our client’s hearing. Impressive testimonials were tendered together with a psychological report which outlined relevant psychological factors at play during the period of the alleged offending. The Court’s attention was also drawn to our client’s early plea of guilty and his cooperation with the prosecution authorities.

The Court did not take issue with our client’s explanation for his parlous financial position as one of the factors which contributed to our client’s poor decision to commit the offences. Our client had also demonstrated a sustained abstinence from drug use as evidenced by several clean drug screens.

Through a series of earlier case conference negotiations the prosecution, the summary was amended to remove several aggravating features of the offence which were in dispute. Our client was indeed fortunate to avoid an immediate term of imprisonment. A key point in mitigation was the period of alleged trafficking, only 6 days, and that the charge was largely founded on an agreement to traffick, which due to the police intervention was never realised. The outcome may have been different, had our client received any proceeds from trafficking before his arrest.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun'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