Successful Negotiations with Prosecution on Drug-Related Charges – CRO on Sentence

DS was charged with 11 drug-related and proceeds of crime offences, namely, ‘Deal with Proceeds of Crime < $1,000,000.00’, contrary to s 193(C) Crimes Act 1900, ‘Supply prohibited drug (Cannabis Leaf)’, contrary to s 25(1) Drug Misuse and Trafficking Act 1985,  3 counts of ‘Possess/attempt to possess prescribed restricted - (Tramadol, Methylphenidate, Diazepam)’, contrary to s 10(1) Drug Misuse and Trafficking Act 1985 and 6 Counts of ‘Possess prohibited drug (Cannabis Leaf, Alprazolam, Oxycodone, Tramadol, Methylamphetamine)’, contrary to s 16(1) Poisons and Therapeutics Goods Act 1966.

Chris Cole submitted representations to the Local Area Commander. He noted an early plea of guilty to ‘Possess prohibited drug (Cannabis Leaf)’ and sought to withdraw the remaining charges. He further noted no evidence of drug supply, receipts corresponding to the small amount of cash found on the premises and prescriptions in DS’ name for Tramadol and Oxycodone. The remaining restricted medications were prescribed to acquaintances of DS, all having recently stayed in her home.

Following negotiations, the Prosecution ultimately agreed to Chris Cole’s offer, withdrawing a number of charges in exchange for a plea of guilty to ‘Possess prohibited drug (Cannabis)’, placing one count of each ‘Possess prescribed restricted substance’ and ‘Possess prohibited drug’ on a Form 1.  

The matter proceeded to Sentence.

Chris tendered written material and made oral submissions on DS’ behalf. Ultimately, His Honour sentenced DS to a Conditional Release Order (with conviction) for period of 12 months, the only condition imposed was to be of good behaviour for the duration of that order.

This is a great result for DS, particularly noting the objective seriousness of the initial charges.

Charged with supplying 74g Ice whilst already serving a sentence for serious drug supply, avoids extra prison time

R v BS

BS was charged with supplying 74 grams of Ice, whilst on bail for a previous serious drug supply offence. Whilst awaiting trial BS was sentenced to a term of imprisonment for numerous other drug supply charges that had occurred prior to this offence.

Matthew Berrell represented BS and made submissions that the term of imprisonment for his latest drug supply charge should run concurrently with the sentence he was already serving. This would avoid BS having to serve an additional lengthy term of imprisonment on top of his current sentence.

These submissions were accepted and the Court backdated BS’s sentence so that it ran concurrently with the sentences he was currently serving. The result of this was that he was able to be released on parole that same day that he was sentenced.

This was a great result for BS as he was able to return to the community immediately, rather than serve an additional number of years incarcerated.