Possess Cocaine and Possess Prohibited Weapon
This is a case that involves charges of Possess Cocaine and Possess Prohibited Weapon.
Our client was apprehended in his car while allegedly in possession of cocaine, knuckle dusters, an amount of cash, scales, deal bags, and other items commonly found to be used for trafficking drugs. The police made observations that the client appeared to be drug-affected. The powder in the vehicle was located in the client’s pocket and in different compartments, and in different sizes of plastic vacuum bags of which some were deal size and some larger. It was alleged that a total of 19.5 grams of cocaine was located.
During the interview, our client made admissions to having knowledge of the cocaine in his pocket and the knuckle dusters. The client instructed us that at least 10 grams of the powder was not cocaine and was in fact creatine. The client also instructed that the $1,800 found in the vehicle was not proceeds of crime but cash received from paid employment. He indicated that he would plead to one charge of possession of 9.53 grams of cocaine and to one charge of Possess Prohibited Weapon (knuckle dusters) on the condition that all other charges be withdrawn.
Amelia Ramsay acted on the client’s behalf at the Dandenong Magistrates’ Court. The charges were:
- Possess Drug of Dependence
- Possess Equipment for Trafficking
- Dealing With Property Suspected of Being Proceeds of Crime
- Possess Prohibited Weapon
We commenced negotiations with the prosecution. Three (3) grams is the deemed traffickable quantity of cocaine which makes it difficult to convince the prosecution to withdraw the charge of Trafficking. Their allegation was that the client was in possession of 19.5 grams of cocaine.
We sought to have the drugs tested. An initial spot test returned a result that all powders located in the vehicle were positive for cocaine. However, a full test showed that this was true only for 9.53 grams of the powder.
The matter proceeded by way of special mention. We confirmed the negotiated resolution with the prosecutor as a plea of guilty to Possess Cocaine and Possess Prohibited Weapon (knuckle dusters) without exemption, each with a single charge. We made submissions regarding the circumstances of the offending, the client’s personal circumstances including protective factors such as family, sport, friends, employment, study and treatment. We noted the significant efforts the client had made towards his rehabilitation including his engagement in drug counselling, linking in with a psychologist, and doing voluntary drug screens to confirm that he was no longer using drugs.
The magistrate was very impressed with our client’s efforts and acknowledged the excellent character references written on his behalf.
Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates' Court and suburban courts as a solicitor advocate.
Check out Amelia's profile to know more about her legal background and specialisations.
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 28/02/2018