Drug Trafficking for Profit Appeal
Proceeds of Crime, $8000; Drug Trafficking in Cannabis. Melbourne County Court.
The client had been trafficking cannabis, at the rate of approximately three pounds per month for ten months. He was not a drug user himself, and so had undertaken the trafficking for profit only, and not due to some form of drug addiction.
Initially in the Dandenong Magistrates’ Court the client received a nine month prison sentence. Two months were to have been served immediately with the balance wholly suspended for 12 months. After successfully appealing the sentence at the County Court the client received a wholly suspended sentence for the same period with an operational period of 18 months, meaning he didn’t go to gaol.
The fact that the client was not a drug addict and had engaged in trafficking for motives of profit only was harmful to his case. The courts tend to see this is a less favourable light than when addiction is a factor.
However we were able to ensure this fact was balanced against the following: the client had a 3 month old child at the time of sentence; he was the sole income earner for his family; he had worked his entire life and continued to to do so; he was very remorseful and he had no prior criminal history. The client had also cooperated with police and made full admission to the trafficking and the duration of the offending behaviour. These points were significant points in mitigation, and helped us to achieve the outcome we did.