Our Result - Case Study - Trafficking Charges written by Jason Evitts

Reference: 1600643

Charge

​Our client was charged with multiple counts of trafficking in a controlled drug.

Circumstances

Our client was charged with multiple counts of trafficking in a controlled drug. Our client was originally charged with trafficking in various drugs and was released on bail.

Our client was then re-arrested for further trafficking offences and breaching bail.

After spending a time in custody our client was released on home detention bail pending the resolution of the matters.

Through negotiations Jason Evitts was able to reduce the severity of a number of the charges including downgrading of some of the trafficking charges to simple possession charges and having other charges including trafficking charges withdrawn.

Unfortunately our client faced overwhelming evidence with respect to some trafficking charges whilst on bail and ultimately was required to enter a plea of guilty.

The Sentencing Court was left to consider the appropriate sentence for our client in particular, whether to release our client, whether to sentence our client to an immediate term of imprisonment, release our client on a wholly suspended sentence or release our client on a home detention order where the sentence of imprisonment would be served on home detention conditions.

Our client was able to receive early advice and obtained medical treatment and counselling for the drug addiction to which our client was at the time suffering and through diligent representation and hard work was able to demonstrate significant rehabilitation prior to the sentencing process.

Jason Evitts was able to satisfy the Court that good reason existed and notwithstanding the number of charges and seriousness of the drug trafficking charges was able to satisfy the Sentencing Court that good reason existed to enliven the Court’s discretion to suspend the term of imprisonment that was required to be imposed. Ultimately the client was released on a wholly suspended term of imprisonment under conditions of further supervision by Correctional Services and a requirement to undergo further rehabilitation to avoid relapse into drug use.

Our client was as a result able to remain in the community with the support of family and continue employment.

Recent decisions from the Court of Criminal Appeal demonstrate that this outcome is unusual and that parliament has decreed that street level drug traffickers ordinarily can expect to be sentenced to imprisonment with severe terms.

 

DISCLAIMER: This is a real case study of an actual case from Caldicott Lawyers. Details of the client have been changed to protect their privacy. The penalty imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible penalties in South Australian Courts. Caldicott Lawyers do not guarantee a similar case on these charges will get the same result. Please note that Caldicott Lawyers post results at our discretion, therefore while many case studies are good results, others are notable for their exceptional results.