Drug Offences – Fine Without Conviction

Our client was charged with trafficking a drug of dependence (cannabis), possession of a drug of dependence, use of a drug of dependence, and possess proceeds of crime. The Prosecution initially alleged that our client had trafficked over a period of 1 month, and had possession of $4,000 as proceeds from the sale of drugs.

Our client had no prior court history.

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

Negotiations with the prosecution resulted in significant amendments to the prosecution summary, which resulted in the removal of the between-dates trafficking allegation to a single day of trafficking. The Prosecution also reduced the quantum of the cash (alleged to have been the proceeds of crime) from $4000 to $500.

During the plea in mitigation, favourable character testimonials were handed up to the Magistrate and the fact that our client had not previously offended (and hence had no court history was highlighted). The Court also accepted that the circumstances of the offending was at the lower end of seriousness and criminality. And this was largely determinative of the outcome.

Our client was fined without conviction.

 


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