Drug Trafficking Plea Results in Fine Without Conviction
Case Summary
The client sought assistance after being charged with trafficking a drug of dependence. She had no previous engagement with the criminal justice system.
The client was caught on CCTV having mailed packages of drugs to an interstate address and admitted to doing so during a police interview.
The Challenge
The matter involved trafficking and a not insubstantial amount of drugs. The prosecution took a hard line and would not consider diversion or a plea to mere possession, despite repeated efforts.
The evidence was strong and there was little leverage available to the defence.
The client was vulnerable and had a wide range of health issues that made engaging with her legal matters highly stressful.
Importantly, the client worked in an area where a conviction would almost certainly have resulted in the termination of her employment. This was her dream job, for which she had studied.
The offending was serious, and there was no adequate explanation available for the Court.
Our Strategy
Luke Metherell persistently pressed the prosecution for concessions, outlining the client's good character and vulnerabilities and proposing alternative charges. However, given the strength of the prosecution's case, those concessions were ultimately not forthcoming.
Luke then ran a detailed and impassioned plea, effectively outlining the client's compelling personal circumstances before the Court. He tendered evidence demonstrating her challenging background and the critical harm that a conviction would do to her future prospects.
He argued that, despite the seriousness of the offending, the penalty should be limited.
Result
The Magistrate imposed a small fine without conviction.
This was a good result, as the sentence would have a limited impact on the client personally. It allowed the client to continue with her career and move on with her life.
Why the Client Benefited Having Stary Norton Halphen & Galbally as Their Lawyers
A key difference for the client was the regular, close contact she received from Luke.
She received regular check-ins, quick responses to questions and queries, and was supported throughout the matter.
As this was her first engagement with the criminal justice system, every process and step was explained to her in detail. This ensured she felt informed and in control and was able to make informed decisions throughout the proceedings.
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.