Drugs and Other Offences – Charges Withdrawn
Our client is blind and was charged with trafficking various drugs in the context of being a supplier of drugs to a targeted trafficker who had sold to an undercover police on numerous occasions.
Surveillance evidence showed a balding man of Asian appearance who sat in the back seat of a vehicle which was driven by another Asian male. This same driver attended the home of the target upon a telephone call seeking the supply of drugs to meet the requirements of the deal to the undercover police officer.
We represented the client at the Sunshine Magistrates’ Court.
He was facing charges of:
- Possess drug of dependence
- Dealing with property suspected of being proceeds of crime
Further scrutiny of the brief showed that there was very little identification evidence of the accused, and the basis of the evidence that he was the supplier came from the targeted trafficker and the driver – both of whom had a motive to lie.
Submissions were made during negotiations in relation to the absence of objective evidence that our client knew what was happening (given he didn’t get out of the car, and the driver was his flatmate who would give him lifts whilst running his own errands in return for driving him to our client’s own appointments and errands).
The police agreed to withdraw all charges on the basis that no costs would be sought against them.
The client was happy with this outcome, and a guaranteed result of the charges being struck out particularly in light of the fact that the other two co-accused were sentenced to immediate prison terms.
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