This is a case study on a charge of Trafficking Cannabis that got withdrawn.
What is alleged to have occured?
Our client was a 20-year old male who had been charged with trafficking cannabis. The police had been called to his home to provide assistance for an unrelated matter. While the police were there, they asked the client and his younger brother if there was anything in the house that there shouldn’t be. The client said that he and his brother actually sell cannabis and that there was evidence of same on their phones. The police then seized the mobile phones of both boys and both were charged.
What happened at court?
Kristina Kothrakis represented the client at the Heidelberg Magistrates’ Court on the charge of Trafficking in a Drug of Dependence.
The brief of evidence was served and it had Facebook messages attached which were obtained from the phones. This evidence appears to show conversations around the sale of cannabis. On close scrutiny, however, although the messages did reference the client, they were actually messages from the brother’s phone. It was not a clear evidence of the client entering into an agreement to sell, or him offering to sell. The police were attempting to transpose the evidence from one to the other.
At summary case conference, Kristina highlighted the evidentiary deficits to the prosecutor, who agreed to withdraw the charges against the client. This is extremely significant as the clients’ future would have been severely impeded if he had a criminal history for trafficking. It would have potentially precluded him from many professions. The client has learnt a valuable lesson from this incident but is able to move forward with his life positively.
What was the result?
The charge of trafficking cannabis was withdrawn by the police and was struck out by the Magistrate.
Elements of Trafficking in a Drug of Dependence:
What is alleged to have occured?
Our client was a 20-year old male who had been charged with trafficking cannabis. The police had been called to his home to provide assistance for an unrelated matter. While the police were there, they asked the client and his younger brother if there was anything in the house that there shouldn’t be. The client said that he and his brother actually sell cannabis and that there was evidence of same on their phones. The police then seized the mobile phones of both boys and both were charged.
What happened at court?
Kristina Kothrakis represented the client at the Heidelberg Magistrates’ Court on the charge of Trafficking in a Drug of Dependence.
The brief of evidence was served and it had Facebook messages attached which were obtained from the phones. This evidence appears to show conversations around the sale of cannabis. On close scrutiny, however, although the messages did reference the client, they were actually messages from the brother’s phone. It was not a clear evidence of the client entering into an agreement to sell, or him offering to sell. The police were attempting to transpose the evidence from one to the other.
At summary case conference, Kristina highlighted the evidentiary deficits to the prosecutor, who agreed to withdraw the charges against the client. This is extremely significant as the clients’ future would have been severely impeded if he had a criminal history for trafficking. It would have potentially precluded him from many professions. The client has learnt a valuable lesson from this incident but is able to move forward with his life positively.
What was the result?
The charge of trafficking cannabis was withdrawn by the police and was struck out by the Magistrate.
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
Kristina 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 03/09/2018
