The Case
Our client was facing approximately 30 drug-related charges, including trafficking a commercial quantity of a drug of dependence.
The client had been on bail for two other trafficking charges and was engaging with a drug counsellor to address their substance use. During a police search warrant relating to other matters, a substantial quantity of drugs was located in the client’s bedroom. The client was subsequently charged and remanded in custody.
The Challenge
The seriousness of the allegations created a significant hurdle to securing bail. The client was required to establish exceptional circumstances justifying their release.
The prosecution also argued that the client presented an unacceptable risk of committing a further serious offence and endangering public safety.
The application therefore required more than a general proposal for release. The defence needed to address the prosecution’s concerns with a structured and credible plan, supported by evidence demonstrating how the identified risks could be managed in the community.
The Defence Strategy
Alexandra Murrell and the defence team identified issues requiring further examination in relation to the alleged quantity of drugs. In particular, questions arose about the weighing process, including whether the drugs had been weighed together with their containers and packaging.
Victoria Police were cross-examined about these issues at the remand hearing, highlighting matters that remained in dispute in the prosecution case.
The defence also worked closely with the client’s family, drug counsellor and an independent residential rehabilitation provider that had assessed the client as suitable for treatment.
Evidence was presented from relevant family members and the rehabilitation provider to establish the support available to the client and the proposed treatment arrangements. This evidence was central to demonstrating that exceptional circumstances existed and that the risks identified by the prosecution could be reduced to an acceptable level through a structured bail plan.
The Outcome
Bail was granted, allowing the client to enter residential rehabilitation.
This was a significant outcome for a client facing serious allegations and the prospect of remaining in custody. Rather than continuing to be held on remand, the client had the opportunity to access structured treatment and support to address their substance use.
The charges remain contested, and no final determination has been made. The outcome of the criminal proceedings is therefore still to be decided. Any time spent in residential rehabilitation may be relevant to a future sentencing decision, although the eventual outcome cannot be guaranteed.
The case also highlights the importance of considering appropriate treatment options and the individual circumstances of Aboriginal and Torres Strait Islander people involved in the criminal justice system.
Why Experienced Criminal Defence Matters
Complex bail applications require careful preparation, a detailed understanding of the evidence and a credible plan to address the risks raised by the prosecution.
At Stary Norton Halphen & Galbally, our lawyers are prepared to pursue difficult bail applications and challenge the prosecution’s position where there are proper grounds to do so. We recognise that substance use and disadvantage can be relevant to a person’s circumstances, and that access to appropriate treatment may be an important consideration when presenting a bail application.
Where the evidence supports it, we work with families, counsellors and treatment providers to present the court with a clear picture of the person’s circumstances and the practical options available outside custody.
If you or someone close to you is facing serious criminal charges and has been remanded in custody, obtaining experienced legal advice can help clarify the available options and whether a bail application may be appropriate.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.