Drug Offences

Our client was charged with Importing a Commercial Quantity of Cocaine following an extensive AFP investigation into an international crime syndicate importing large quantities of prohibited drugs into Australia.

After getting bail for our client in the Local Court, we faced a long and hard battle with the Australian Federal Police and Commonwealth DPP fighting to clear our client’s name and avoid a lengthy term of imprisonment.

We were totally convinced in our client’s innocence and found that certain aspects of the investigation of the AFP officer to be highly questionable.

After an aborted Trial in the Sydney District Court, the case came back to Court in May of 2021, where it proceeded to a 3 week Jury Trial.

Much of the evidence relied upon by the prosecution was disputed, included a dubiously translated Police interview, where we found numerous questionable translations. We hired our own expert interpreter who acted as our Defence witness, successfully rebutting the translation of that of the Commonwealth DPP translator.

The Jury took just over an hour to find our client Not Guilty of the Importation.

A massive injustice had been avoided with our client’s acquittal.

https://www.smh.com.au/national/nsw/sydney-airport-shuttle-driver-allegedly-directed-global-drug-syndicate-police-20190605-p51utk.html

Our client was charged with the supply of 139.9 grams of MDMA, being an amount which was not less than the commercial quantity applicable to that prohibited drug. This offence carries with it a maximum penalty of 20 years imprisonment and a standard non parole period of 10 years.

Our client was amidst a marital breakdown and was suffering from a number of mental health issues along with financial hardship. As a result, our client turned to drugs to satisfy his addiction and fulfil his financial obligations. He soon saw the error of his ways and the effect that drugs have not just on the individual, but on the community as well. With an extensive criminal history, it was a difficult case to convince the Judge that our client has good prospects of rehabilitation.

Fortunately, Mr Ly was there to guide our client through his time whilst incarcerated. Mr Ly ensured that our client did not squander his opportunity to rehabilitate. Our client participated in programs such as Remand Addictions and he also undertook painting work and cleaning in gaol.

Mr Ly instructed Counsel in the matter and appeared before Wollongong District Court in October 2020. His Honour Judge Haesler sentenced our client to a term of imprisonment of 2 years, with a non parole period of 14 months. Our client already served one year in gaol, meaning he will be eligible for release in under two months.

Our client seeks to return to work after gaol and provide a good future for his family.

Our client, a 19 year old man with financial and drug related issues, was charged with two dozen offences of supply prohibited drugs ranging from small to commercial quantities.

The facts were negotiated to reflect that our young client was pressured by under-cover operatives to supplying larger amounts of drugs. Following extensive negotiations by our meticulous lawyers, the majority of the charges were successfully withdrawn. Our client then pleaded guilty to one count of supplying a commercial quantity of cocaine with two other supplies taken into account.

Mr Ly from the outset gave our client advice and guided him as to how to best rehabilitate himself in order to better his life as well as working towards achieving the most favorable outcome. To that end, during our client’s time in incarceration, he enrolled and completed a number of rehabilitation programs and educational courses. By the time sentencing came around, our client completely rehabilitated himself.

This offence carries a maximum penalty of 20 years imprisonment with a standard non parole period of 10 years. Our client was sentenced by His Honour Judge Haesler to a term of imprisonment of 2 years and 7 months with a non parole period of 14 months. At the time of sentencing, he had served just over 11 months, meaning he is to be released in under three months.

A fantastic and well-deserved result.

Our client was charged with the supply of 280 grams of Methylamphetamine, being an amount which was not less than the commercial quantity applicable to that prohibited drug. This offence carries with it a maximum penalty of 20 years imprisonment.

We fought to clear our client’s name for 2 years.

We appeared, instructing Counsel, at a Judge alone trial at Parramatta District Court in June 2020. Instructing Counsel, we argued that the prosecution could not prove beyond a reasonable doubt that our client did in fact have the requisite knowledge and intention of the quantity of the drugs, being a commercial quantity.

Her Honour Judge Girdham agreed with us and proceeded to find our client Not Guilty of the offence.

He remains a free man.

Our client was charged with Importing 1.4 tonnes of Ephedrine in July 2017.

Our Principal Adam Ly, and Senior Counsel attended Central Local Court shortly following our client’s arrest.

The Bail application appeared before Magistrate Mabbutt.

We argued that whilst the charges were extremely serious in nature, the Prosecution’s concerns that our client would flee the jurisdiction and presented a flight risk, could be mitigated by strict bail conditions.

I client’s was required to deposit a large amount of surety (the family home) and abide by strict reporting and bail conditions including a curfew and surety, being a mortgage over the family home.

Ultimately the charge was successfully dismissed and our client remains a free man.

Client sentenced to 4 years imprisonment for import of more than 100kg pure MDMA

We represented 2 co-accused in one of Australia’s largest-ever importation of MDMA. After succeeding in getting one of the co-accused charges dismissed, our other co-accused faced the same charge for his role in the importation of the drugs into Sydney, concealed in water filters.

After a plea of guilty to the charge, our Director and Principal Adam Ly appeared at Sydney District Court briefing Senior Counsel in sentencing proceedings before Judge Tupman in November 2019.

Our client was young, had no previous criminal convictions and a severe gambling addiction at the time of his offending. His father gave compelling evidence at the sentencing hearing and expert evidence was tendered as to his mental illnesses at the time of offending. Adam presented a strong subjective case for our client and through tough negotiations with the Commonwealth DPP we were successful in presenting a favourable set of facts for the court.

Our client was sentenced to a non-parole period of 4 years. Having done time served, our client is due to be eligible for parole in just over 2 years.

A fantastic result for our client and his family.

https://www.smh.com.au/national/nsw/abf-descends-on-60-million-drug-exchange-at-western-sydney-warehouse-20180329-p4z6zd.html

Our client was charged with Importing 3.9 tonnes of pseudoephedrine.

Adam attended Central Local Court in October 2017 instruction Senior Counsel, when the matter was listed for Bail application before Magistrate Mabbutt. It was an extremely difficult bail application.

Providing the court with extensive evidence that the “bail concerns” held by the Commonwealth DPP could be mitigated, the court found that the surety provided by our client’s family (being a mortgage over the family house) and strict reporting conditions was sufficient for our client to be granted bail.

It is expected that our client would have had to wait at least 2 years before trial, and if bail was refused she would be spending that time in custody. Our client went to trial in August 2019, before Judge Tupman at Sydney District Court. The trial went on for 4.5 weeks before the Jury delivered a unanimous verdict of NOT GUILTY. Our client remained a free person and walked from court with her family.

https://www.abc.net.au/news/2017-10-06/nsw-police-seize-largest-ever-haul-ephedrine/9022992

Our client was charged with importing 142kg of MDMA. A charge that carries possible life imprisonment. The “show cause” bail application was heard before Magistrate Freund in May 2018.

It was alleged that our client played a role in a criminal syndicate to import the drugs from the Netherlands. Our client strongly denied the allegations. He was in the wrong place at the wrong time.

Our Principal Adam Ly instructed Senior Counsel in applying for bail. It was clear that the prosecution case against our client was not a strong one. Our client had no criminal history and agreed to surrender his passport. A large surety was also offered by his parents.

Strict conditional bail was granted.

Our client’s charges were dismissed in October 2018 without the need for a Trial.

He remains a free man.

https://www.smh.com.au/national/nsw/abf-descends-on-60-million-drug-exchange-at-western-sydney-warehouse-20180329-p4z6zd.html

Our client, an American national was charged in February 2019 with Importing a Commercial Quantity of Border Controlled Drug, namely 3,4- Methylenedioxymethamphetamine (MDMA). The matter proceeded to Sydney District Court on a plea of guilty to the charge.

Our Principal Adam Ly took part in tough negotiations of the Agreed Facts with the DPP. A highly favourable position was eventually secured for our client, limited his role significantly in the commission of the offence.

On sentence at Sydney District Court on 12 May 2020, His Honour Judge McClintock sentenced our client to a Non-Parole Period of 4 years, to commence in February 2019.

An exceptional result for an importation of drugs of this quantity.

https://www.smh.com.au/national/nsw/organised-crime-bust-man-21-charged-after-allegedly-importing-80kg-of-mdma-into-sydney-20190215-p50y2c.html

Our client was charged for his role in importing a commercial quantity of a prohibited drug, being 585kg of Methamphetamine. He was also charged with the supply of 47g of methamphetamine, as a separate charge.

This was the largest ever recorded importation of methamphetamine in Australia’s history.

The offence carries a maximum term of imprisonment of life.

Our client was 21 years old at the time of the offence, and was recruited by others to participate in the movement of the drugs from the warehouse, upon them arriving in Australia. He was clearly a person who had a minor role in the offence and had little control over the enterprise and its operations.

He was recruited to undertake certain tasks, to enable those above him to keep a distance from detection.

Adam from our office fought hard to establish a strong case for leniency for our client, and was successful in establishing many mitigating circumstances that would lessen the overall jail term.

The case appeared before Sweeney J, in Sydney District Court in June 2014.

Our client was sentenced to a non-parole period of 4 years imprisonment.

An extraordinary result for an extremely serious charge.

https://www.smh.com.au/national/nsw/phone-tip-off-led-to-nations-biggest-drug-haul-20130228-2f96y.html

Our client, a 19 year old student, was charged for his part in the importation of 300kg of cocaine. This was the largest ever importation of any drug in Victoria’s history. The matter appeared before Justice Lasry at the Supreme Court of Victoria for sentence, upon application from the Victorian DPP that it be dealt with by the Supreme Court of Victoria, rather than the lower County Court of Victoria.

Our client’s role was very minor, clearly being recruited by more influential ‘big’ players, for his role in the transportation of the cocaine.

Our client was ultimately sentenced to a term of full time imprisonment with a non-parole period of 6.5 years. An excellent result, considering our client’s two co-accused were sentenced to 12 and 13 years imprisonment (non-parole).

https://www.news.com.au/national/victoria/two-jailed-over-173m-cocaine-bust/news-story/5a02ff2fffbe87b8ede464c9984263df

Our client, a Colombian man visiting Australia, pleaded guilty to his role in supplying large commercial quantities of Cocaine to his co-accused on 5 separate occasions totalling more than 14kg. The continuous course of offending conduct and the large scale of each transaction deemed these offences to be some of the most serious of it’s kind for drug supply related matters.

The matter was listed for trial on 3 separate occasions, being adjourned for various reasons. Just prior to the third listed trial, Adam Ly, our Director and Principal successfully negotiated a favourable plea-deal for our client which involved reducing the original 5 charges and “rolling” them up into one specific charge. The facts were disputed, and argued at a “disputed facts hearing” before Judge Syme at the Sydney District Court on 19 October 2019.

Judge Syme found in our client’s favour in relation to the facts in dispute, significantly reducing the seriousness of our client’s offending conduct and his role in the offence.

Our client was ultimately sentenced to a term of imprisonment of 5 years non-parole. At this stage, he had already spent 3 years 9 months in custody, with only 15 months before his release.

He will be returned to his family in Colombia in less than 15 months.

Our client was charged in 2016 with Supplying or “Trafficking” 5kg of Methamphetamine at Innaloo, Perth WA.

The prosecution case against our client was not a strong one, relying on our client’s mere presence at a drug transaction where 5kg of drugs was supplied by our client’s co-accused to another co-accused. The prosecution also relied upon telephone intercepts and police surveillance suggesting that our client participated in the supply. We strongly argued against it.

The case proceeded over the next 2 years through Perth Magistrates Court, then finally being listed for 2 week trial in Perth District Court in December of 2017.

Adam Ly, our principal conducted the case instructing Counsel in Perth.

The charge was dismissed in late December 2017.

Our client is now a free man.

Our client was charged with supplying 5 ounces of Methamphetamine to her co-accused in Brisbane, Queensland.

The prosecution case was a strong one. There were telephone intercept evidence of our client using code words on calls to her co-accused, suggesting that negotiations took place for the purchase of drugs.

The co-accused was apprehended shortly after in possession of the drugs alleged to have been supplied by our client, consistent with the recorded intercepts.

Adam Ly, our principal attended Brisbane Magistrate’s Court in January 2017, where an application for bail was being made.

A significant surety was offered with strict bail conditions.

Bail was granted by the presiding magistrate on the day.

Our client was charged following a Strike Force Raptor search of her home, following an alleged supply of drugs from that premises.

A commercial quantity of LSD was found in the refrigerator of the home. Our client was granted bail, the case being assigned to Blacktown Local Court.

Following service of the brief of evidence, we began tough negotiations of the charge with the Prosecution, ultimately convincing them to reduce the commercial supply charge to indicatable supply only.

We obtained strong subjective material and a compelling psychological report. In doing so, it became apparent that our client was suffering from various mental illnesses.

We proceeded to make an application under s.32 of the Mental Health (Forensic Provisions) Act 1990.

The case was heard before Magistrate O’Neill in mid June 2019.

The application was granted, and our client was discharged and the charges dismissed.

A remarkable result, considering our client was facing a possible 20 year jail term for commercial supply.

Our client was found ‘not guilty’ after a 3 week trial at Melbourne County Court before Morrish, J. It was an extremely difficult trial where our client was charged with trafficking 7kg of prohibited drug.

Our Principal Adam Ly, and Senior Counsel attended the 3 week Trial before a Jury of 12.

Our client was adamant that he did not commit the offence, and fought the Victorian Police for 4 years defending himself.

A verdict of “not guilty” was found.

Our client was a 31 year old Taiwanese national on a working holiday visa, charged with supplying a large commercial quantity of methamphetamine (2kg). Following an undercover operation, money was brought by an undercover police officer for the purchase of the drugs. He was ultimately arrested and charged with 5 others for his part of the supply.

He was sentenced by Judge Delaney at Sydney District Court in November 2016 to non-parole period of 21 months and 22 days with a head sentence of 32 months. He had already served his time and was released immediately.

An exceptionally good result.

Our client was deported back to Taiwan to be home with his family.

Our client pleaded guilty importing a marketable quantity (300grams) of border controlled drug. The matter appeared before the Northern Territory Supreme Court, where our client pleaded ‘guilty’.

Our Principal Adam Ly and Senior Counsel (flown in from Sydney) appeared for our client.

She received a total sentence of 4.5 years, with a non-parole period of 2.5 years. This sentence was considered one of the lightest sentences ever recorded for this type of offence.

Our client was found unconscious on a Sydney train with 6.5 grams of cannabis, and 30.3 grams of MDMA in his backpack after celebrating his birthday over a weekend at a hotel in the city. Our client made an admission to the law enforcement authorities that these drugs were in his possession for personal use as well as to share with his friends. We advised him to plead guilty at the first available opportunity, and provided him with expert legal advice on the necessary rehabilitative steps he is required to engage in prior to his sentence.

Our client completed most of our recommendations and we gathered excellent relevant material which we would rely on for a non-custodial based sentence. We then formulated our submissions based on applicable NSW case law, and precedent as well as the individual circumstances of this case. Despite the amount of drug falling within the mid-range of objective seriousness, and the large indictable quantity being an aggravating factor, we presented strong mitigating features and a highly subjective case.

The case appeared before Magistrate Swain at the Downing Centre Local Court on 1 May 2019. The Magistrate was persuaded by our argument in favour of rehabilitation, and recorded a non-conviction to both charges. Our client was placed on a Conditional Release Order without conviction for 24 months.

A seemingly impossible result for our client was achieved through meticulous preparation and strong arguments raised by Adam and Yashvi.

Our client was charged with the possession and deemed supply of ecstacy and LSD. Police caught him in suspicious circumstances along Oxford Street on a night out. Upon searching his car, Police found the Ecstacy, LSD and cocaine in his car. He was charged with 3 counts of supply prohibited drug. Our client’s prospects of not going to jail were not good.

As our solicitor got more involved in the case, and got to know our client, we were able to mount a strong case that a sentence other than full-time imprisonment would be appropriate.

We appeared before Blanch, CJ in May 2013, and successfully argued for a s.12 suspended jail sentence.

With the number of people being caught by sniffer dogs/police at music festivals and raves always increasing, we have represented countless young individuals charged with possessing small amount of ecstacy.

Generally our client would not have a criminal record, be people of good character, have good jobs and careers and have a lot to lose if convicted of the offence. Click here for plenty of case studies and useful information on Possession of drugs at music festivals and to see our track record in getting our clients “Section 10” no convictions.

Our client was charged with Supplying an Indictable quantity of Prohibited Drugs.

It was a strong prosecution case, the supply charge was supported by clear evidence including admissions by our client to officers at the scene.

Our experienced lawyers negotiated with the prosecution, who ultimately agreed to reduce the charge and for it to be kept the in the Local Court jurisdiction. The Local Court jurisdiction has limited sentencing powers with the maximum penalties of a $2200 fine and/or two years in Gaol.

After comprehensive negotiations between our lawyers and the Prosecution a Plea of Guilty was entered to amended facts and a reduced weight of the drug.

We advised our client of how best to prepare for sentence assisting in obtaining psychiatric reports, counseling and other material for the sentencing process. A large number of documents and reports were submitted to the Court by our lawyer who spoke at length on our client’s behalf about the impact the incident had on him and his family members and the effect that his involvement with the Courts had altered his understanding of drugs.

The Magistrate made findings of guilt in relation to two charges with no criminal conviction recorded against him. He was ordered to enter into a Bond of Good Behavior for a period of two years with no other penalty.

An incredible result!

During a three day Music festival in Sydney our client was involved in the supply of the prohibited drug MDMA, the drug is also known as ecstasy. Messages were sent and received from our clients mobile phone in relation to drug sales. Notes of amounts of cash, sales and names were also recorded on the phone.

On the last day of the event our client was approached by Police outside the venue. He was spoken to and searched by Police. In his possession he had 70 tablets of MDMA weighing a total of 13 grams. The tablets comprised of three separate parcels of each containing 20 tablets and a further parcel of 10. Our client was arrested and taken into Police custody where he made admissions to possessing the drug and supplying others.

The law in NSW states that ‘a full time custodial sentence ought to be imposed wherever the offender has been substantially involved in the supply of prohibited drugs’. The law goes on to say ‘a full time custodial sentence must be applied in the absence of exceptional circumstances’.

Our lawyers successfully persuaded the Judge Haesler in the Sydney District Court to find ‘exceptional circumstances’.

Our client was sentenced to a Bond of Good Behaviour for a period of two years pursuant to s9 of the Crimes Sentence Act 1999.

In other cases where people were not represented by LY Lawyers a person with 9.7 grams was sentenced to Gaol for 9 months , a person with 12.8 grams 12 months in gaol, and a person with 12.2 grams was sentenced to 2 years gaol.

Our client was a 30 year old man who was caught with 2 ounces of high grade methamphetamine in his car.

Adam Ly, our Principal, applied for and was granted bail for our client at Liverpool Local court, when the matter first came to court.

He had a minor criminal record. He was drug dependant at the time of the offence, however had successfully completed various rehabilitation programs whilst on bail. He had also provided evidence was rehabilitation of his gambling addiction.

His wife had just given birth to his first child, and had a strong subjective case in arguing for a sentence other than full time imprisonment.

The case appeared before Judge Baly at Parramatta District Court in early November 2014, where, represented by LY Lawyers and our Barrister, Judge Baly accepted our submission that our client had excellent prospects of rehabilitation and could be made to serve his sentence of imprisonment in the community.

The judge ordered an assessment for an Intensive Corrections order, which on the next occasion at court in early December 2014, was ordered.

An exceptional result for our client.

Our client was caught with 16 caps of MDMA at Stereosonic 2014. He was charged with Supply of an Indictable Quantity of a Prohibited Drug. This charge carries a maximum term of imprisonment of 15 years.

For 5 months, we negotiated the charges with the DPP and the Police Prosecution. They eventually agreed to reduce the quantity of Supply and have the case stay in the Local Court for prosecution. He pleaded guilty.

Our client was a fine example of a good person, who made a terrible decision. He had a bright future ahead of him, which was potentially destroyed by this one decision.

We compiled all of the necessary evidence for his sentencing hearing at Burwood Local Court in May 2015, before Magistrate Still.

Mr. Still found our evidence compelling, and clear evidence that our client had fully rehabilitated. He was impressed with our client’s case for a Section 10, and after strong submissions by our Lawyer, agreed to place our client on a Section 10 Bond for 2 years.

It is very rare to achieve a Section 10 for Supply of an indictable quantity of prohibited Drug.

At the Local Court our client was convicted of possession of a gram of cocaine. He appealed to the district court. Our client did not have a clear record, having smaller matters on his record.

Our client worked in a field that required him to travel around the world but particularly to America.  A drug conviction would impact his ability to travel to America to learn about new techniques that helped him in his work.

Judge Armitage at the District Court in Parramatta agreed that it would be further harm to the community if our client, who was very talented, was unable to further his skills and bring them back to Australia if he had a drug conviction.

The appeal was upheld and he was given a section 10, non-conviction bond for a period of two years.

Our client was charged with the supply of 63 ecstasy pills, 27 grams of cocaine and dealing with proceeds of crime in the amount of $1200.

Our solicitor successfully had the charge of supply of 27 grams cocaine withdrawn during the committal stage of the proceedings.

The matter proceeded to sentence before Judge Delaney on the charge of proceeds of crime and supply of the ecstasy tablets.

We successfully argued our client was not trafficking to a substantial degree and that our client was unlikely to re-offend.  We further argued that our client should receive a future discount for his assistance to the police.

The court imposed a 20 months term of imprisonment but suspended that sentence on the condition our client is to be of good behaviour.

Our client was charged with supply of prohibited drug namely 9 grams cocaine and dealing with proceeds of crime in the amount of $9000.  These are both serious offences and a rule in sentencing in drug offences is that a full time custodial sentence is appropriate if a court finds someone has been trafficking to any substantial degree.

The matter proceeded to sentence at the Sydney District Court before Judge Bennett.  The prosecution argued that our client engaged in trafficking to a substantial degree and that full time custody was the only appropriate sentence.

We successfully argued that our client was not trafficking to a substantial degree and that our client demonstrated significant remorse and rehabilitation. The court agreed with our position that our client could serve his sentence by way of intensive corrections order (ICO)

Our client is currently serving his two year term of imprisonment within the community by way of ICO.

Our client was charged with 2 counts of supplying a prohibited drug (deemed supply – indictable quantity and 3 counts of possessing a prohibited drug.

He was caught with drugs in his possession of the drugs outside Subsonic Music Festival at Barrington Tops, NSW. He was found with:

1. 7 grams of crystal MDMA (deemed supply)
2. 49 LSD tablets (deemed supply)
3. 1g of cocaine
4. 1g of cannabis

Following successful negotiations with the DPP, Adam of LY Lawyers was able to reduce the charge of Commercial Supply of Prohibited Drug (LSD) to an Indictable Supply of Prohibited Drug. The case was committed for sentence from Raymond Terrace Local Court to Newcastle District Court.

Our client’s case of successful and ongoing rehabilitation was faultless. He provided the court with numerous reports and evidence of his constant drug rehabilitation over the course of 9 months since his arrest. Evidence was also adduced pointing to the non-commercial nature of the supply offences, thus departing from any suggestion of ‘drug trafficking’ on the part of our client

Judge Ellis of Newcastle District Court heard the case on 21 October 2016. Ellis J was extremely impressed with our client’s progress and accepted our argument that the offence “fell right at the bottom end” of objective seriousness in cases such as these

His Honour excercised his discretion to not impose a criminal conviction, placing our client on 2 Section 10 Bonds for a period of 2 years.

In 2014 our client was charged with supply of a commercial quantity of prohibited drug namely 130 grams of ecstasy. This charge carries a maximum penalty of 20 years imprisonment.

We were instructed to appear at the bail application and our principal Adam Ly successfully applied for bail. Our client was released pending his trial.

Our client instructed us that some of the drugs were for his own personal use and instructed us to take the matter to trial. Successful negotiations on the first day of the trial resulted in the charge being downgraded to a supply amount above the indictable quantity, an amount of 119 grams. The maximum penalty is 15 years imprisonment for this charge.

The matter proceeded to sentence and the court was impressed by our clients rehabilitation over a 20 month period since his release bail.

Our client was sentenced to a 21 months term of imprisonment which was suspended pursuant to section 12. Our client remained a free person. An exceptional result for our client.