Case Overview:
A client came to us charged with 7 sequences of cannabis supply, a relatively serious offence considering that there were more than 4 kilograms of cannabis leaves and over $20,000 proceeds of crimes among other designer goods seized in his car and at his home.
The penalties under the Drug Misuse and Trafficking Act 1985 (the Act) are based on the drug type and the amount present. These quantities are based on weight of the substance and not the purity (not for Cannabis).
To prove supply, the prosecution must prove beyond a reasonable doubt that:
- A person supplied, or knowingly took part in supply, of a prohibited drug.
Additionally, knowingly ‘take part’ is defined in the Act to include:
- Where a person takes, or participates in, any step, or causes any step to be taken, in the process of the manufacturer.
- Where a person provides or arranges finance for any step in that process.
- Where a person provides a premises in which any such step in the process is taken, or permits or suffers any such steps in that process to be taken in the premises of which the person is the owner, lessee or occupier or in the management of which the person participates.
Accordingly, the severity of penalties increases as the amount of substance increases. The amount of substance is classified as small, trafficable, indictable, commercial, and large commercial quantity.
The supply or possession of prohibited plants is an offence under s 23(1) of the Act and carries a penalty of 10 years imprisonment and/or 2,000 penalty units where the offence involves less than a commercial quantity.
It is also an offence to deal with property if there are reasonable grounds to suspect that the property is proceeds of crime. The offence carries a maximum penalty of 3 years imprisonment if the value of the property is under $100,000 or 5 years if it is over. This is set out under 193C of the Crimes Act 1900 (NSW).
How Brightstone Legal Helped:
Our client was investigated by NSW Police for more than 2 months and was arrested on the spot when he was engaging in drug supply in Sydney city. After his arrest, police then raided his residence and located more drugs, cash, and designer goods which police allege they are proceeds of crime from his drug supply.
Due to the amount of money and goods seized at his property, his criminal matter was elected to the ODPP (Office of The Director of Public Prosecutions) by NSW Police. After Brightstone Legal received his Brief of Evidence, we reviewed his Brief of Evidence, provided sound advice to the client, and at the instruction of our client, we engaged in negotiation with the Police and ODPP prosecutor prior to the designated case conference phase in the indictable matter timetable.
The defence prepared evidence explaining the origin and sources of the money and designer goods found at his address, and as a result, all designer goods were removed from our client’s criminal matter. The seized cash was reduced significantly, and the matter was returned to the NSW Police from the DPP, which could now be dealt with in the Local Court. Compared with having the matter dealt with in the District Court, this was extremely beneficial to our client.
As for his remaining sequences of cannabis supply, Brightstone Legal managed to have 3 out of the 5 sequences withdrawn, and the total seized weight was reduced to nearly half of the alleged weight.
For his sentencing hearing, our firm prepared his case thoroughly with extensive subject materials to highlight our client’s character, the circumstances of his offence, his prospect of rehabilitation, and his low risk of reoffending. After nearly a year, our client's matter was finalised in the Sydney Downing Centre Local Court with a 16-month Community Correction Order (CCO) with no additional conditions attached to his offence.
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