Drug Related Offences and Breaching Bail

Case

Drug Related Offences and Breaching Bail

Quick Facts

Our client was charged with multiple drug-related offences and with breaching bail.

While our client was on bail and completing a Community Correction Order from another offence, he was charged with multiple offences including trafficking and possessing a drug of dependence, methyl amphetamine – more commonly known as ice, as well as dealing with proceeds of crime and committing an indictable offence whilst on bail.

One month following these charges, our client was again charged with possession and use of a drug of dependence and breaching his bail conditions by not residing at the stated address.

Our client was charged with:

• The first matter:
  Drugs Poisons and Controlled Substances Act 1981, s71AC: A person who…trafficks or attempts to traffic in a drug of dependence is guilty of an indictable offence.
• The second matter:
  Drugs Poisons and Controlled Substances Act 1981, s73: A person who…has or attempts to have in his possession a drug of dependence is guilty of an indictable offence. 

Maximum Sentencing

•  The first matter: Level 4 imprisonment (15 years maximum)
• The second matter: Level 6 imprisonment (5 years maximum)

Case Background

The first matter: The Magistrate agreed to allow our client to attend a residential rehabilitation program and adjourned the final hearing date to allow for the completion of around 50% of the rehabilitation.

The second matter: After negotiations with the Prosecution, the charges were amended, some being withdrawn or subsumed into other charges, with our client pleading guilty to all remaining charges.

Result

This was a favourable outcome as our client was sentenced to the following:

• In relation to the breach of the Community Corrections Order, resentenced to a period of imprisonment for 2 months wholly suspended for a period of 12 months
• In relation to the new matters sentenced to a period of imprisonment for 4 months wholly suspended for a period of 12 months; the sentences to run concurrently
• Fined a total of $1,200.00 with 6 months to make full payment

Therefore the client avoided a period of immediate imprisonment!  The total effective period of imprisonment was for 4 months wholly suspended for 12 months. Furthermore, our client was required to complete his residential rehabilitation program and to complete the 60 days SHARC (self-help addiction resource centre) program.

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Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.