Trafficking Cannabis and Weapons Possession Charges – CCO

This is a case study on drug and weapons charges resulting in a Community Correction Order.

What is alleged to have occured?
Our client was charged with trafficking cannabis as well as weapons possession charges after a search was executed by the police on the client’s home. The client engaged our firm to act on their behalf and we took carriage of the matter. We met with the client and, as soon we were engaged to act, immediately contacted the prosecution and began negotiation according to the client’s instructions.

What happened at court?
The matter ultimately resolved to a plea of guilty. Many of the charges against the client were withdrawn during the negotiation process.

The case was heard at the Broadmeadows Magistrates’ Court. The exact charges were:

Before the plea hearing, we worked closely with the client to arrange mental health treatment and evidence of the same to present at the client’s plea hearing. A discussion was made regarding the client’s personal circumstances at length so that we would be able to answer any questions the sentencing magistrate may have.

At the plea hearing, we focused on the fact that our client had no prior offending, their good prospects of rehabilitation, and other mitigating factors in their favour.

What was the result?
The sentencing magistrate was persuaded that our client should not be sentenced to a term of imprisonment and ordered Corrections Victoria to make an assessment for a CCO. The client was assessed as suitable.

Despite the seriousness of the trafficking cannabis and weapons possession charges, the client was sentenced to a 12-month Community Corrections Order (CCO) and avoided a term of imprisonment. Part of the conditions was for the client to complete 250 hours of community work and to comply with supervision, treatment, and rehabilitation conditions as directed by Corrections Victoria.

Elements of Possess Controlled Weapon:
  • The accused possessed, carried or used a weapon;
  • The weapon was a controlled weapon;
  • The accused did not have a lawful excuse for possessing, carrying or using the controlled weapon.
Related case studies
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 14/05/2019