Sentence Appeal for Trafficking

This is a case study on a sentence appeal for Trafficking in a Drug of Dependence.
Our client was charged with trafficking and weapons offences. These offences occurred on a single day and the client received a custodial sentence in the Magistrates’ Court.
Hester Kelly represented the client at the Melbourne County Court on a sentence appeal for the charge of Trafficking in a Drug of Dependence.

The appeal was not about whether the client should have received imprisonment or not. He was always going to get a term of imprisonment as he is currently on remand for another serious matter. Instead, the appeal was centred on the length of time for which the client should have been sentenced to in relation to the charges in the Magistrates’ Court.

Careful preparation was carried out (written submissions were filed prior to the appeal with the court) and his Honour was addressed in court as to the nature of the offending.
The appeal was successful and the client was sentenced to a period that was a third less than what he had originally been sentenced to.

It is important that the sentence reflect the gravity of the offending. A successful appeal for Trafficking in a Drug of Dependence (as well as in many other cases) does not always mean not getting a custodial sentence at all, but rather getting a reduced sentence that appropriately reflects both the nature of the offending and the offender’s personal circumstances.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

View Hester Kelly’s profile.

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 18/05/2018