Trafficking – Fine Without Conviction

fine without conviction for traffickingOur client was charged with trafficking three types of drug of dependence.

He had no prior criminal offences.

He and his family had planned to relocate back to their homeland overseas a month after the court date but if he had to complete a community corrections order (which was the most likely penalty), he would not be able to leave the country.

The family had already sold the house and the client had obtained an apprenticeship overseas.

Further his step father had also obtained a job overseas. If he was to have to remain in the country, it was going to be a disaster for the family.

We acted in behalf of the client at the Dromana Magistrates’ Court.

When the client attended our office, we outlined the key matters that he needed to attend to in order to give him the best chance of avoiding a community corrections order.

In the space of a month and by the court date, the client had:

  1. Seen a drug counsellor 4 times
  2. Obtained 6 clean urine screens
  3. Set up a drug counselling appointment in the country he was going to
  4. Obtained numerous character references
  5. Obtained documentation to confirm enrolment in apprenticeship overseas

Further, we arranged for a family member to give evidence to confirm the plans and
arrangements in the new country.

At the plea hearing, the Magistrate immediately started talking about a CCO being appropriate however we were able to tender the above materials and call evidence from his family member about the plans. Following this, his Honour agreed that a fine without conviction was appropriate. The result allowed him to leave the country straight away and not interrupt his and his family’s plans.

The family were very relieved at the conclusion of the plea.


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 06/07/2015