Summary Jurisdiction Application – Trafficking in a Drug of Dependence and Other Charges

Drug of DependenceThis is a case study on a summary jurisdiction application for Trafficking in a Drug of Dependence and other charges.

Our client was charged with an array of illegal conduct. The major charge which he faced was Trafficking in a Commercial Quantity of a Drug of Dependence. Although his matter began in the Magistrates’ Court based on the major charge, his case would ultimately be transferred to the County Court which has greater sentencing discretion.

Dee Giannopoulos represented the client at the Melbourne Magistrates’ Court.

The prosecution agreed to a plea offer made on our client’s behalf to the lesser charge of Trafficking in a Drug of Dependence along with weapon possession. This was on the basis that our client disputed the weight of the substances and the police were going to take a significant amount of time to properly test the substances. An application was made by the solicitor for the matter to remain in the Magistrates’ Court for sentencing. This was not opposed by the prosecution.

Prior to the application being made, we assisted in referring the client to drug rehabilitation services. Those services provided confirmation to our office which we then presented to the court. This application was granted following submissions about the circumstances of the offending, our client’s age, lack of priors, and the rehabilitative efforts he had made.

The court accepted the solicitor’s submission that the client had very positive prospects for rehabilitation and, as such, agreed that imprisonment wasn’t the only option in this case. Our client was sentenced to perform unpaid community work and to continue on with his rehabilitative treatment by way of a Community Corrections Order, without conviction.

A person charged with Trafficking a Commercial Quantity of a Drug of Dependence can expect the court’s first consideration on penalty to be immediate imprisonment. They can also expect that a court would consider a term of imprisonment to satisfy general deterrence due to the effect that illicit substances have on the wider community. These facts make this case of a summary jurisdiction application for Trafficking in a Drug of Dependence especially successful as the client did not receive a term of imprisonment for the offending.

Elements of Trafficking in a Drug of Dependence:

  • The accused trafficks or attempts to traffick in a drug of dependence
  • The accused was not authorised or licensed to do so

 
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Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

Visit Dee’s profile to read more about her background and experience.
 


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 12/11/2018