Drug Trafficking and Drug Possession – Diversion

This is a case study on drug trafficking and drug possession resulting in a sentence of diversion.

What is alleged to have occured?
Our client was a young man with a significant story to tell. He had lost his father in sudden and tragic circumstances and, as a result, he had lost his way. The client had been arrested for drug trafficking and drug possession offences. He had made full and frank admissions to the police in his record of interview and, immediately after his arrest, had referred himself for both grief and drug counselling.

The client provided detailed instructions about his personal circumstances to our lawyer, who provided him with comprehensive advice on how best to prepare for court with character references and, importantly, a letter from his counsellor.

What happened at court?
Kate Da Costa represented the client at the Melbourne Magistrates’ Court. The charges were:

The police initially refused our client’s application for diversion as the charges were considered too serious. However, having heard initial submissions and an explanation of our client’s personal circumstances during the plea, which were explained by our in-house counsel Dr Michael FitzGerald, the police were persuaded to reconsider our client for the diversion program. The matter was adjourned for a diversion hearing.

Our client participated in his interview with the diversion co-ordinator with the assistance of legal representation.

What was the result?
Ultimately, our young client was found suitable for diversion for a period of six months with the special conditions that he be of good behaviour, that he donate $200 to the court fund, and that he continue with his counselling and treatment.

This was an excellent outcome for a case of drug trafficking and drug possession. With expert legal preparation and advocacy, this result allowed a young man to move forward with his life without a finding of guilt on his record.

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 29/01/2019