Trafficking – Community Corrections Order

This is a case study on drug trafficking at the Melbourne Magistrates’ Court, where a young client with no prior convictions received a community corrections order without conviction after demonstrating significant rehabilitation.

The client was a young adult with no prior Court appearances or convictions. He became involved in drug trafficking (ice) and was a heavy user himself.

What is alleged to have occured?

He appeared at Court on 18 charges that he had accrued over a 4 month period. The charges included trafficking amphetamines; drive in a manner dangerous; refuse breath test; possession of cannabis, methylamphetamine and ecstasy; possession of a controlled weapon.

What happened at court?

We represented him at the Melbourne Magistrates’ Court.

He had, since the offending, stopped using drugs and was applying to join the Australian Defence Forces. He was working full-time as a landscape gardener.

He pleaded guilty to the charges. The Magistrate was impressed with his rehabilitation to date, but wanted him to continue to prove himself. She deferred sentence for a period of three months, during which time he engaged with Youth Justice and Youth Support and Advocacy Service (YSAS), receiving education about the dangers of drug use and on relapse prevention.

At the conclusion of the three month deferral period, the Magistrate was extremely impressed with the positive change in attitude of the client and his commitment to rehabilitation.

What was the result?

Because the client had demonstrated a willingness to engage with support services, in combination with his young age and his lack of prior Court appearances, his prospects for rehabilitation were very good. Therefore the Magistrate was persuaded to impose a Community Correction Order (CCO) without conviction, for a period of 9 months. He was also ordered to complete 25 hours of unpaid community work over that 9 month period and to engage in drug counselling as directed.