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Our 28-year-old client from Redfern was charged with possessing cocaine.
In July 2019 our client was observed by police parked in a vehicle in the Sydney area.
Officers attached to the Sydney Proactive Team viewed a person enter our clients vehicle and exit a short period after.
Police soon approached our client’s vehicle on suspicion that a drug deal had occurred.
Upon the police searching him, our client was found to be in possession of a bag of cocaine in his back pocket.
In addition, ten further bags of cocaine were then located after a strip search. Police also located a total of $2,480 in different areas of our client’s vehicle.
The quantity of drugs located on our client was approximately 8.3 g of cocaine, being over the indictable quantity of drugs.
Our client was bail refused by police and held in police cells until the following morning where we made an urgent bail application on his behalf resulting in him being released on bail.
Police charged our client with 5 offences, being 2 charges of Supply Prohibited Drug, 2 charges of Possess Prohibited Drug and Deal with property suspected to be proceeds of crime ($2,480).
This meant that the police seized the money on the suspicion that it was tainted through the sale of prohibited drugs.
At the time of the offences, our client was on a student visa and was suffering financially. He was a carpenter by trade.
Due to this, our client acknowledged he was guilty and disclosed that the offence was committed with a financial motive.
Our client contacted our Criminal Defence team.
Our Managing Criminal Lawyer, Tayla Regan met with our client and explored every option available in order to maximise his chances at avoiding a full time custodial sentence.
our team negotiated with police and as a result persuaded police to withdraw 2 charges, place 2 other charges on a Form 1, reduce the sum of money to $750 for the proceeds of crime charge and amend the facts sheet. This significantly improved our client’s outcome in court.
In November 2019, our client was sentenced at the Downing Centre Local Court.
Our lawyer Tayla Regan guided our client to prepare a number of subjective materials including an apology letter, good character reference letters, evidence of his study and his engagement in the SMART Recovery Program.
All materials were handed up to the Magistrate in court when our Tayla made persuasive submissions seeking a community based order instead of a custodial sentence ordinarily considered in these cases.
The Court agreed with our submissions and imposed a Community Corrections Order for a period of 24 months with 100 Community Service hours for the offence of Supply Prohibited Drug (over indictable and under commercial quantity).
On a Form 1, the charges of possess prohibited Drug and having $750 suspected to be proceeds of crime were taken into account however no penalty was imposed for these individually.
This meant that our client avoided a full time gaol sentence which was a great result for him.
He can now move on with his life and put that life behind him.
Published on 24/11/2019

AUTHOR Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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