Drug Trafficking and Breach CCO

This is a case study on charges of Drug Trafficking and Breach CCO.

What is alleged to have occured?
Our client had a long history of heroin addiction, and associated drug possession and trafficking prior convictions. He was charged with his sixth drug trafficking charge after being caught by the police selling a small amount of heroin to an undercover officer. He was also in breach of a Community Corrections Order by non-compliance, for the same offence. The client understood that it was likely for him to receive a sentence of imprisonment for the offences.

Kate Da Costa provided legal representation at the Melbourne Magistrates’ Court for the charge of Trafficking in a Drug of Dependence.

What happened at court?
In taking thorough instructions from our client, it became apparent that he had been involved as a passenger in a serious motor vehicle accident. He also instructed that at his previous court appearance (for which he had received both a sentence of imprisonment and a Community Corrections Order), no material had been put before the court in relation to the impact of the accident on his physical and mental health.

By way of preparation, we obtained documents in relation to the injuries that our client sustained in the motor vehicle accident, which included a head injury and PTSD. We also obtained a report from a forensic psychologist which spoke to the relationship between our client’s psychological injuries, his further offending, and his apparent failure to comply with his Community Corrections Order.

Counsel appeared on our client’s behalf at his plea of guilty. Due to our thorough preparation of the matter which involves Drug Trafficking and Breach CCO, and due to the relevant materials obtained in advance of the court date, Counsel was able to provide a full picture of our client’s mental health to the court.

What was the result? As a result, our client ultimately avoid
ed a sentence of imprisonment and was given a further opportunity to complete a Community Corrections Order.

Elements of Trafficking in a Drug of Dependence:
  • The accused trafficks or attempts to traffick in a drug of dependence
  • The accused was not authorised or licensed 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 15/01/2019