In early April 2018, police executed a search warrant on our client’s residence. At that time, police located a sunglasses case in the wardrobe of our client’s bedroom. Inside the sunglasses case, police located one large clip seal bag containing four smaller clip seal bags. Within each of the smaller clip seal bags police located 5 clip seal bags containing similar amounts of cocaine. In total police located 20 clip seal bags containing 15.379 grams of a white powdery substance. The substance located was subject to drug analysis testing and as a result 6.392 grams of pure cocaine was detected.
Our client was charged with the serious offence of Possessing the dangerous drug, cocaine in excess of 2 grams. Our client was also charged with one count of supplying the dangerous drug cocaine, as well as a number of summary offences.
Upon reviewing the brief of evidence, Samantha O’Connor of our office sent a submission to the DPP to seek that the supply charge be discontinued due to a lack of evidence within the brief to substantiate the charge. The submission to discontinue the supply charge was accepted and the DPP withdrew the charge.
The possession charge was committed to the Brisbane Supreme Court by way of Registry Committal. An indictment was presented before the Brisbane Supreme Court. The Crown alleged that the cocaine was possessed by our client for a commercial purpose. The matter was listed for a contested sentence given that our client instructed that the cocaine was possessed for personal use.
Samantha O’Connor of our office appeared at our client’s sentence before the Brisbane Supreme Court instructing counsel. Our client was required to give evidence at his sentence to allow the factual issue of whether the drugs were possessed for a commercial or personal purpose to be determined by the Supreme Court Justice. Ultimately, the Presiding Justice rejected our client’s evidence and found that the drugs were possessed for a commercial purpose. Our client’s mitigating features such as his limited criminal history, relative youth, steady employment, otherwise good character as evidenced by character references and rehabilitative efforts in the form of clean urine screens were placed before the Presiding Justice. Our client was sentenced to 2 years imprisonment and our client was granted immediate parole. This was an excellent result for our client in all of the circumstances.
If you are interested in our criminal lawyers acting on your behalf, please call Samantha O’Connor on 3009 8452 or Nick Crawford on 3009 8467.