Successful Appeal Against Sentence for Drug Possession

Our client wanted to appeal against his sentence for a case previously heard at the Broadmeadows Magistrates’ Court.

What is alleged to have occured?
He was initially pulled over driving at 1:30 AM. The police noticed him looking very nervous, had glassy eyes, and he was having difficulty in forming sentences. The police then formed the view that our client had consumed drugs recently. A search of the car was conducted and 6 deal bags containing drugs were found including cash amounting to $1,400. The weight of the drugs was 3.28g. The police also attended at his home and conducted a further search where 4 knives were located, a laser pointer, and more cash.

Our client had a prior matter for Possession of Drugs from 2008, for which he received a without conviction bond to be of good behaviour.

What happened at court?
Our client pleaded guilty in the Broadmeadows Magistrates’ Court and received a three-month term of imprisonment.

For the appeal against the sentence, Kristina Kothrakis represented the client at the Melbourne County Court.

The aim of the appeal was for us to avoid a custodial sentence. Kristina was trying to persuade the court that although our client had drugs in his possession for the purpose of sale, he was a user himself who was battling a drug addiction. He was a functioning addict who was still able to hold down a job, but whose family and relationships were suffering.

Following his arrest some months earlier, he instructed that he had stopped using drugs. He had detoxed at home with the help of his wife. He had also engaged with a counsellor for regular treatment. In order to show that he had been abstinent, we advised the client to attend for regular drug screens. The judge was told of the impact of his family’s awareness about his addiction had on him, and that there was now nowhere for him to hide. Our client could no longer lie and fool those closest to him. This was a point of difference, which assisted in swaying the judge not to sentence him to gaol.

What was the result?
Our client was ultimately put on a therapeutic Community Corrections Order and was ordered to pay a fine by instalments.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ 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 19/05/2016