Successful appeal against drug trafficking sentence – operation Lima Avanti
In 2018, Alan Phillips of our office instructed Tony Kimmins of Counsel before the Queensland Court of Appeal with respect to an appeal against sentence.
Alan Phillips of our office represented our client from his initial apprehension in 2015. A successful bail application was made on behalf of our client at the outset of the matter. He was arrested as part of Operation Lima Avanti, a protracted police investigation into the trafficking of methylamphetamine and other drugs in the Moreton Area. The operation was conducted by the Moreton District Criminal Motorcycle Gang Tactical Action Team. Our client was the main target of the police operation in its initial phases.
Our client was initially charged with trafficking in dangerous drugs over a three-year period, and allegedly had approximately $250,000.00 of unsourced income. The matter progressed to the Supreme Court, and after a thorough review of the brief of evidence, Alan Phillips of our office provided a submission to the DPP. The matter was listed for a contested sentence, and on the day of the hearing, the DPP agreed to reduce the trafficking period by over a year, and reduced the unsourced income to under $20,000.00. Our client was sentenced to a head sentence of 7 years and 7 months imprisonment. He was granted parole eligibility after just over a third of the head sentence (some 2 years and 9 months).
Trafficking in dangerous drugs carries a maximum sentence of 25 years imprisonment.
The sentence was appealed successfully, and his parole eligibility date was reduced to one quarter of his head sentence, thereby reducing the time he had to spend in custody by one year. It was an excellent result for our client, and demonstrated the effectiveness and impact that evidence of rehabilitation can make on a sentence. The judgment provides authority on the effect of remanding oneself in custody prior to sentence, and that doing so is a further indication of one’s remorse and taking responsibility.
The judgment can be viewed here: https://archive.sclqld.org.au/qjudgment/2018/QCA18-228.pdf
If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469/0403846238 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.
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