Pleading Guilty to Drug and Firearm Charges
This is a case study on pleading guilty to drug and firearm charges.
Our client was charged with trafficking ICE (over 30 grams), GHB, and various prescription drugs. He was also charged with possession of a firearm and ammunition, a knuckle duster, and a knife. Despite being quite young, he had a significant criminal history and had already served a 95-day sentence of imprisonment for trafficking shortly before. These charges also breached his Community Corrections Order.
Jessica Clothier represented the client at the Sunshine Magistrates’ Court. The charges were:
- Prohibited Person Possess, Carry, or Use a Firearm
- Possess or Carry Cartridge Ammunition
- Commit Indictable Offence Whilst on Bail
- Trafficking in a Drug of Dependence
- Dealing With Property Suspected of Being Proceeds of Crime
- Possess Drug of Dependence
- Possess Controlled Weapon
As the client wanted to enter an early plea of guilty to the drug and firearm charges, Jessica case conferenced his matter and booked it off for a consolidated plea. She submitted that the client had a difficult upbringing but had significant prospects of rehabilitation, as he had a supportive family, a potential job offer, and an offer to participate in a rehabilitation program.
Jessica also highlighted the fact that the client had been working and participating in programs whilst inside prison. This was further supported by character references which spoke glowingly of the client’s commitment to his family.
His Honour sentenced the client to a 12-month imprisonment with a non-parole period of 5 months. The client had served 71 days at the time of sentence, so was given the opportunity to continue his good work inside prison before having the option of applying for parole a couple of months later.
This was an excellent result for a case that involves pleading guilty to drug and firearm charges. This was especially a good outcome given that the client had just served a term of imprisonment for a similar offending.
- The accused was on bail; and
- The accused committed an indictable offence during such time.
Other related case studies:
- Contesting Drug Trafficking Charges
- Drug Offences – CCO
- Summary Jurisdiction Application – Trafficking in a Drug of Dependence and Other Charges
- Possession of Methylamphetamine and Handgun Without Licence
- Sentence Appeal for Trafficking
Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.
Click here to know more about Jessica's background.
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 23/01/2019