Trafficking and Possessing Drug of Dependence – Diversion
This is a case of Trafficking and Possessing Drug of Dependence resulting in a diversion.
Our client was attending a music festival, when a police dog detected drugs on her. A search was conducted and she was found to have approximately 30 caps of ecstasy (MDMA) on her. She was taken back to the station for an interview where she made full admissions to carrying the drugs at the request of her friends, who were intending to sell the drugs at the festival.
Kristina Kothrakis acted on the client’s behalf at the Melbourne Magistrates’ Court. The charges were:
Kristina’s primary objective in this matter was for the client to receive a diversion. This was a challenge as Victoria Police had issued a policy where they do not recommend diversion for drug trafficking charges. The client was a young girl who had experienced many issues in her life. She was bullied at school and had a history of severe depression. She started working at a place where, for the first time, she had a group of close friends. Unfortunately, the workplace had a drug taking culture. When these friends asked her to take the drugs into the festival, she felt pressured to agree for fear that they wouldn’t continue to be friends with her.
However the client reacted very strongly to her conduct. She immediately quit her job and stopped all communication with the group. She engaged with a psychologist as she fell back into a depression. Kristina was able to obtain a report from her psychologist which addressed the underlying issues that led to her agreeing to offend in this way. The opinion stated was that she was unlikely to ever re-offend again. She had an incredibly supportive family who all wrote heartfelt references about the hardships she has been through, and the way in which she has approached her offending.
Kristina was able to take this material to the prosecution and was successful in persuading them that this was a matter suitable for diversion. They accepted that she was carrying the drugs for others to sell, and that she was not going to sell any for herself. On this basis, they agreed to withdraw the trafficking charge and proceeded on a possessing drug of dependence charge instead. This was an excellent outcome as one would normally exclude diversion as a possibility for a charge such as this. Obtaining effective material and persevering with the prosecution was central in the success of this matter.
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 23/02/2018