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.

Charged with Seven Serious Offences, CCO Imposed

RA was charged with seven serious offences namely, two counts of ‘Supply of prohibited drugs’, contrary to section 25(1) Drug Misuse and Trafficking Act 1985, three counts of ‘Possess prohibited weapon’, contrary to section 7(1) Weapons Prohibition Act 1998, one count of ‘Possess unregistered firearm’ contrary to section 36(1) Firearm Act 1996; and one count of ‘Goods in custody’, contrary to section 527C(1)(a) Crimes Act 1900.

James Castillo successfully negotiated the matter with the Police Prosecutors to withdraw the ‘goods in custody’ offence and place the two counts of ‘possess prohibited weapon’ and ‘possess unregistered firearm’ on Form 1.

RA pleaded guilty to the two supply prohibited drugs offences and one count of ‘possess prohibited weapon’. Chris Cole represented RA on his Sentence and made submissions on why CCO is an appropriate sentence. His Honour agreed and imposed a Community Corrections Order for 12 months pursuant to section 8 Crimes (Sentencing Procedure Act) 1999 concerning the supply of prohibited drug offences and the same Order for 30 months for the possess prohibited weapon offence taking into account all the charges on Form 1 with an additional condition to complete 180 hours of Community Service.

This is a pleasing result for RA given he originally faced 7 serious charges and having breached an existing CRO and CCO when he committed the above offences.