Operation Lima Avanti
In December 2013, the Moreton District Criminal Motorcycle Gang Tactical Action Team took carriage of Operation Lima Avanti. This operation investigated the Trafficking of the dangerous drug Methylamphetamine by a suspected syndicate in the Caboolture region.
Telecommunication interceptions and covert and electronic surveillance was used to gather information about the operation.
Our client was subsequently charged with Trafficking in Dangerous Drugs, namely methylamphetamine for a period of 3 years. Additionally, it was alleged that our client possessed approximately $250,000 of unsourced income obtained from trafficking.
Trafficking in dangerous drugs carries a maximum penalty of 25 years imprisonment. Our client was facing a term of imprisonment of 10 years, which would attract an automatic declaration that the trafficking offence would be a serious violent offence (SVO). An SVO would require our client to serve 80% of his sentence.
Our office submitted that the prosecution’s evidence on the operation, network and activities of the syndicate did not reflect our client’s involvement for the alleged time period and that our client had a lawful excuse for the monetary amounts. The DPP rejected our submission, and the matter was listed for a contested sentence.
Our office and Mr Kimmins of Counsel continued our negotiations with the Prosecutor’s office, ultimately resulting in them accepting our submission, the day prior to the contested sentence occurring.
As a result, the trafficking period was ultimately reduced from 3 years to 17 months and the unsourced income was reduced from $250,000 to $16,000. Our client received a sentence of 7 years imprisonment, thereby avoiding any requirement to serve 80% of his sentence.
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