Drug Charges, Weapons Offences, and Traffic Violations

This is a case study on trafficking, weapons, and driving charges at the Latrobe Valley Magistrates’ Court, where a non-custodial outcome was achieved despite the serious nature of the offending.

What is alleged to have occured?

Our client was found beside the road following a road accident where he was thrown from his motor bike and hit a tree. He was found in possession of over 100 grams of ice and over 250 grams of Gamma Hydroxybutyrate (GHB). Also in his possession were a knife, knuckle duster, and $2,270 in cash.

The client was airlifted to the Alfred Hospital and placed in a medically induced coma. He was discharged 2 months later with a diagnosed Traumatic Brain Injury and paralysed arm. At the time of sentencing, he was receiving ongoing treatment and therapy and was scheduled for further surgeries.

What happened at court?

Amelia Ramsay acted on the client’s behalf at the Latrobe Valley Magistrates’ Court. The charges were:

• Trafficking in a Drug of Dependence
• Possess Drug of Dependence
• Negligently Deal With Proceeds of Crime
• Possess Prohibited Weapon
• Possess Controlled Weapon
• Exceed Prescribed Concentration of Drugs
• Drive While Impaired By Drugs
• Careless Driving

We made substantial submissions in relation to the client’s youth, excellent prospects of rehabilitation, as well as demonstrated rehabilitation, family support, early plea of guilty, extra curial punishment through his injury and brain injury, demonstrated insight, and remorse.

A number of character references were also tendered to the court. We assisted the client in obtaining these references and made sure that they were appropriate for court purposes. We argued that they all spoke of the client’s good character and excellent prospects of rehabilitation.

We also advised the client to bring family and friends to court as demonstrated support and protective factors.

What was the result?

All the matters were taken into account and ultimately persuaded the Magistrate that a non-custodial disposition was appropriate for the drug charges, weapons offences, and driving charges, some of which were also withdrawn.