Withdrawing a Trafficking Charge
This is a case of withdrawing a trafficking charge and successfully obtaining a diversion for the remaining drug possession and trespassing charges.
Our client was seen entering a music festival without a ticket. After his identity was broadcasted around the event, he was eventually apprehended and the police were called. He was then searched and 14 caps of MDMA (ecstasy) were located on his person. He was charged with:
- Trafficking a Drug of Dependence
- Possess Drug of Dependence
- Enter Private Property Without Lawful Excuse
Amelia Ramsay represented the client at the Melbourne Magistrates’ Court.
We argued that the MDMA, if weighed, would not reach the 3-gram requirement for a traffickable quantity and, without any other evidence of trafficking (i.e. deal bags, scales or text messages attempting sales), the charge could not be made out. The charge of trafficking was eventually withdrawn.
The remaining charges were minor and the client’s priority was to avoid a criminal record. We applied for a Diversion and were ultimately successful in securing a Diversion Plan which included a small donation to charity.
This was a great outcome. Our diversion application was granted on conditions that our client be of good behaviour for 3 months and that he makes a $200 donation to Fitzroy Youth Group. Most importantly, we were successful in withdrawing the trafficking charge which is a very serious offence.
Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates' Court and suburban courts as a solicitor advocate.
Check out Amelia's profile to know more about her legal background and specialisations.
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 09/02/2017