Multiple Large Commercial Drug Supply and Weapons Charges Result in Minimal Custodial Sentence

GT was charged with multiple counts of ‘Supply large commercial quantity of prohibited drug’, contrary to s 25(2) Drug Misuse and Trafficking Act 1985, ‘Possess a prohibited weapon’ contrary to s 7(1) Weapons Prohibition Act 1998 and ‘Dealing with property suspected of being proceeds of crime’, contrary to s 193C(2) Crimes Act 1900. This is a very serious list of charges.

Chris Cole represented GT in these matters, briefing Counsel Scott Schaudin. GT was suffering from mental health and substance abuse issues at the time of offending.

The matter was listed for Sentence in the District Court, on which occasion Chris Cole and Scott Schaudin tendered a psychological report and character references on GT’s behalf. Counsel then made oral submissions in support of GT’s role, proposing that his role in the offence was lower in objective seriousness than that of the co-accused, and that the material before Her Honour reflects better than good prospects of rehabilitation.

Pleas of guilty were maintained to the charges of ‘Supply large commercial quantity of prohibited drug’, contrary to s 25(2) Drug Misuse and Trafficking Act 1985 and ‘Possess a prohibited weapon’ contrary to s 7(1) Weapons Prohibition Act 1998. The remaining offences were placed on a Form 1.

Ultimately, Her Honour Sentenced GT to an aggregate Sentence is 5 years imprisonment, with a non-parole period of 3 years. Taking into account time already served, GT will be eligible to be released on parole this year.

Section 32 Granted on Multiple Drug Offences

PW was charged with one count of ‘Supply prohibited drug’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985 and two counts of ‘Possess prohibited drug’, namely methylamphetamine and gamma butyrolactone, contrary to s 10(1) Drug Misuse and Trafficking Act 1985.

Chris Cole and Bill O’Brien represented PW in these matters. PW plead guilty to both counts of ‘Possess prohibited drug’, and the charge of ‘Supply prohibited drug’ was withdrawn.

A Section 32 Application was made and subsequently listed for Hearing at the Downing Centre Local Court. In support of the Application Bill O’Brien tendered extensive materials and made oral submissions on PW’s behalf.

Ultimately, Her Honour allowed PW’s matter to be diverted away from the criminal justice system and dismissed the charges pursuant to s 32 Mental Health (Forensic Provisions) Act 1990, upon the condition PW comply with a supervised treatment plan.  

This is a very pleasing result.