Prohibited Weapon and Drug Charges – Adjourned Undertaking
Our client was found in possession of approximately 30 grams of Ice, plus other materials consistent with Trafficking in a Drug of Dependence. Police also located a prohibited weapon. Our client was then charged with Trafficking and Possession of the drugs and Possession of the prohibited weapon.
Our client had prior history in relation to possession of drugs, assaults, etc. although primarily in the Children’s Court. This case was heard at the Broadmeadows Magistrates’ Court and the matter proceeded to a Contest Mention. After hearing submissions at Contest Mention, the Presiding Magistrate indicated that he would consider a Good Behaviour Bond if the client voluntarily engaged with a drug counselling service during the period of a deferral.
On the return date, our client received a Good Behaviour Bond without a conviction being recorded. The only obligations under the order are to be of good behaviour and to continue to receive treatment as directed.
Given the volume of drugs located, one would ordinarily expect that a term of imprisonment was within range for this offending. The outcome was achieved by effectively utilising the contest mention system and by presenting the client’s circumstances in the most favourable manner. We also arranged for the referral to the drug and alcohol counselling service so that the client could commence receiving this assistance. It was then up to the client to engage in the counselling process.
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 25/02/2013