The Magistrate was impressed with our client’s progress and was persuaded to impose only a treatment-focused Community Correction Order as the outcome. The client had never thought a CCO was a possibility as an outcome when she was first remanded and charged with Commercial Quantity Trafficking.

Following our filing of the document with the prosecution, they advised that they would be withdrawing all charges against our client at the next court date. Shortly thereafter, they notified the court, and all charges against our client were dismissed.

This was obviously a fantastic result for our client, as the whole committal and trial process was avoided. Our client initially thought that his options were limited given his charges, and he was grateful that we were able to secure him the opportunity of avoiding such a long and stressful process.

It is important to note that by our client following pre-interview advice, participating in an interview with the police and denying the offences, the prosecution had his version of events to compare with that of the victim. It also meant that our client would not need to provide viva voce evidence if the matter had proceeded to trial. There is a possibility that if our client had provided a “no comment” interview to the police, they would not have withdrawn the charges at such an early stage. This highlights the importance of engaging experienced sex offence lawyers at an early stage.

What should be remembered about this case study is that every case is different. Some clients should provide a version of events, while others absolutely should not. What you should do is a question that can only be answered once you have told your story to an experienced criminal lawyer.

The Magistrate had concerns about the suitability of the matter for diversion, given the quantum of cannabis found at the premises. However, after detailed submissions around our client’s background and current circumstances, in particular the fact that he was on the waitlist for the surgery and engaged in treatment for the drug use, the Magistrate agreed to give our client the opportunity of diversion.

The diversion was of immense value for such a young person. Rather than having a criminal record that would last a lifetime, these charges would be marked discharged upon completing the diversion program, and our client’s record would remain clean. The importance of this for future job opportunities and travel plans is immeasurable.

It was amazing to successfully get diversion for such a large quantity of cannabis. The result was born of extensive preparation, tenacity, and getting the right material to evidence our position early in the case, a theme that flows through all good court outcomes.

During the trial, the defence barrister cross-examined the friend and exposed her unreliability as a witness, which cast doubt on her evidence.

Following the conclusion of the trial, the jury went into deliberation. The jury deliberated for four hours before returning with a verdict of not guilty, acquitting our client. This was a fantastic outcome for the client.

Following lengthy submissions by our solicitor, the County Court Judge considered the above factors and imposed a sentence of eight years’ imprisonment, with release on a recognisance release order after five years, if the client demonstrated good behaviour for the first three years.

Following lengthy submissions by our solicitor, the Magistrate agreed to deal with all three matters through the Ropes program.

This was a fantastic outcome for the client, as it is rare for Magistrates to grant Ropes when several serious matters are before the court. More importantly, the client was able to preserve his clean record.