Trafficking Charge – Drug Not for Sale
This is a case of a trafficking charge involving a drug that is not really for sale.
Our client was intercepted by the police in his car and he consented to a search of his vehicle. Under the passenger seat, in a first aid kit, it was alleged that he had a bag with 26g of methylamphetamine (ice). It was further alleged that he had a container in his pocket that contained 2.9g of ice. He was charged with trafficking and possession of ice.
The client was a man in his mid-forties who had no prior criminal history. His instructions was that he had all of the ice for his own personal use and was not intending to sell any of it.
The traffickable quantity of ice is 3g. That means that where a person is in possession of that quantity or more, they are presumed to have it in their possession for the purpose of sale. It was up to Kristina to be able to establish that the client had that quantity for himself.
Through a submission to the informant and the prosecution unit, they agreed to withdraw the trafficking charge having realised that the drug was not really for sale. At court, submissions were made to the magistrate around the unusual circumstances the client found himself in – being a man in his 40’s and starting to use drugs for the first time at that age.
By the time the case was finalised, the client had stopped using drugs and his life was back on track. Kristina arranged for him to obtain drug screens to demonstrate his abstinence. He also attended sessions with a counsellor to solidify the gains he had made on his own.
The magistrate was persuaded not to impose a Community Corrections Order and instead imposed a fine.
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.
Visit Kristina’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 10/01/2018