The Court: County Court of Victoria
The Lawyer: Daniel Walsh
The Charges:
- Drug Trafficking
- Possession of a Drug of Dependence
- Proceeds of Crime
The Allegations:
The client had been trafficking cannabis at the rate of around 1.5kgs a month for ten months. The client was not a drug user but was merely trafficking for financial gain. It was a very serious example of drug trafficking.
At Court:
When the matter was initially heard in the Dandenong Magistrates Court, the client received a nine-month term of imprisonment. Two months were to be served immediately, with the balance of the sentence suspended for 12 months.
The fact that the client engaged in trafficking for motives of financial gain only aggravated the offending.
We advised the client of his rights to appeal the decision in the Magistrates Court to the County Court. The client provided instructions for our solicitor to file an appeal to have the matter heard in the County Court of Victoria in Melbourne.
During the hearing in the County Court, our solicitor made submissions regarding our client’s personal circumstances, his lack of criminal history, his remorse for the offending and his cooperation with the Police during the investigation. These were significant points in mitigation.
The Outcome:
After successfully appealing the sentence at the County Court, the client received a wholly suspended sentence for the same period (nine months) with an operational period of 18 months, meaning he did not go to gaol.
