Exceed Prescribed Concentration of Drugs – Appeal Against Sentence

This is a case study on charges of Exceed Prescribed Concentration of Drugs resulting in a licence disqualification for a reduced period.

What is alleged to have occured?
Our client was previously sentenced on charges of Exceed Prescribed Concentration of Drugs – 49(1)(i) and 49(1)(h). He is a commercial truck driver who, during a random licence check by the Police, had been subjected to a drug test and tested positive for amphetamines. He also had related prior convictions.

The client was initially represented by a different lawyer at the Magistrates’ Court. During this time, he received a sentence of 15-month loss of licence to take effect immediately. This was a penalty far greater than the mandatory minimum period of 6 months.

Our client then filed an appeal against sentence at the Melbourne County Court and we acted on his behalf.

What happened at court?
We made submissions to the court detailing the actual circumstances of our client and clarified certain points in regards to the nature of the offending.

What was the result?
Ultimately, the judge imposed a fine and licence cancellation but was persuaded to reduce the disqualification period from 15 months to only 8 months. Given this sentence, our client will be able to get back to his job and provide for his family sooner than what the original penalty would have allowed him.
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 20/03/2020