Supply a Prohibited Drug

Our client was charged with Importing a commercial quantity of Ketamine, from the UK.

A parcel containing the drugs was sent to our client’s home, addressed to a fictitious name. Our client accepted the package.

The court case proceeded at Central Local Court in Sydney, where after 6 months in custody, our Principal Adam Ly appeared before Magistrate Williams and applied for bail. Our argument was that with a lessor charge of Attempted Possession of a Commercial Quantity of a Border Controlled Drug, and with our client’s limited role and lack of unacceptable risks on bail, that our client should be granted bail.

The argument was successful and our client was granted bail.

The case then was transferred to Griffith District Court for sentencing, before Judge Grant.

With Counsel instructed, Mr. Ly was able to successfully argue for a 3 year Recognisance release order, our client not having to serve any further jail time. His Honour agreed with every argument proposed by our legal team.

It was a remarkable result, given that the offence carries a maximum term of imprisonment of Life, with the statistics showing that 98% of offenders are sentenced to a term of immediate full time imprisonment.

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 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, 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 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.

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 successful 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 addition 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 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.

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 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, 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 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 19 year old client was charged with supplying prohibited drugs and proceeds of crime in the amount of $1100 found in his vehicle. Our client denied that the money was proceeds of crime but rather it was funds legitimately obtained.

We pleaded not guilty to the proceeds of crime charge and the matter was listed for a defended hearing at Wollongong Local Court. We also prepared representations to the local area commander to withdraw the proceeds of crime offence and provided evidence that it was legitimately obtained. On the morning of the hearing, the prosecutor agreed to withdraw the proceeds of crime offence.

Our client was convicted by Magistrate Stoddart at sentencing in Wollongong Local Court.

We immediately lodged an to the Wollongong District Court. We were able to convince Judge Haesler that the supply offence only included our client sharing drugs with friends and that there was no exchange of money.

The Judge was impressed with all the rehabilitation our client undertook whilst on bail. The Judge agreed with our submission that a section 10 no conviction bond was appropriate for this case. Our client avoided a conviction on appeal.

Our client was a young man who was studying engineering at college. He pleaded guilty to the deemed supply of 8 caps of ecstacy at Stereosonic 2015 (an indictable quantity) at Burwood Local Court.

After successfully negotiating for the case to stay in the local court, Joseph and Adam worked on preparing an application under Section 10, to have the charges dismissed. Over the 5 months the case was heard at Burwood Local Court, our client proved to the court that he had rehabilitated, completing courses and rehabilitation that showed clearly that he was a changed man.

References tendered from his mother, father and friend (who all appeared in court) were excellent, and very compelling evidence of rehabilitation, and that he was not likely to re-offend again.

Magistrate Still at Burwood Local Court heard strong submissions from Adam of our office in May 2015, and agreed that a Section 10 “no conviction” should be granted on the charge of Supplying a Prohibited Drug.

An exceptional result for an offence that carries a maximum term of imprisonment (on indictment) of 15 years.

Our client was charged with supplying a prohibited drug (cocaine). He was searched whilst out on a Saturday night with his friends at Parramatta.

The Police found 4 grams of cocaine in his jacket pocket. He immediately admitted it was his.

Since he had in his possession more than the traffickable quantity (being 3 grams), he was charged with supplying prohibited drug.

He pleaded not guilty, and the matter proceeded to a defended hearing at Parramatta Local Court.

One of our dedicated drugs lawyers ensured that our client was well prepared for the hearing, providing to the court evidence that he had a ongoing drug problem that was consistent with heavy use of recreational drugs, including cocaine.

Our client gave evidence at the hearing and convinced the magistrate that he had the drugs in his possession for his own personal use, not for supply.

The charge was dismissed.

Our client was charged with Supply prohibited Drug (50 ecstacy tablets). He was attending a rave party with his friends, all of whom chipped in to purchase 50 ecstacy tablets to be shared amongst them.

Unfortunately for our client, he drew the short straw, and was the one who was assigned the responsibility of purchasing the drugs for everyone else.

He told the police this story, however they did not believe him, thinking he was attending the rave party to sell drugs and make a profit.

He pleaded guilty to ‘supply prohibited drug”, on the basis that, whilst he did not intend on making a profit from his friends, he, according to the extended definition of ‘supply’ was guilty of the offence.

We attended Parramatta District Court to plead our client’s case and fight to keep him out of jail.

We produced evidence that our client’s story was the truth…photos of his group of friends in a bus they hired to get to the party, statements from friends who were part of the group, all of whom confirmed our client’s story.

Our client was sentenced to a suspended 18 month jail term, and remains a free man

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 was charged with supplying a prohibited drug, 57 ecstasy tablets (MDMA), and supplying more than a commercial quantity of a prohibited drug, 90 paper tabs of LSD (Lysergide).

The drugs were found both in his vehicle and at his residence. The District Court accepted that the client was not involved in trafficking to a substantial degree.

It further accepted that despite the weight of LSD amounting to a commercial quantity in accordance to the Drug (Misuse and Trafficking) Act, most of the weight of the drug was attributable to the paper on which the drug was imprinted.

The Court accepted our solicitor’s submission that the client was remorseful, had good prospects of rehabilitation and that the offending had a occurred in the context of a turbulent family background that had, since his offending, stabilised.

Ultimately, the client received suspended sentenced for each of the offences and did not go to gaol.

Our client was charged with ‘deemed’ supply of 9 grams heroin while he was on parole for another offence.

Our client had an extensive criminal history and was previously incarcerated for personal violence offences.

Our senior criminal lawyers argued that the significant delay in the proceedings warranted bail being granted citing a numerous case law to support the argument.

The court agreed and granted bail to our client on strict bail conditions.

The great work and preparation of the bail application ensured that the magistrate’s ‘hands were tired’ and he had no option but to grant bail.

Our client was charged with supply of Ecstasy. This weight of the drug meant that the matter is strictly indictable and must be dealt with in the District Court where the maximum penalty of 15 years imprisonment apply.

Our solicitor formed the view that the total weight of the drugs did not amount to the preliminary weight because the clip seal bag and packaging were also part of the initial weight.

Our solicitor entered into negotiations with the office in charge and an agreement was reached that the weight of the drugs be deleted from the facts sheet and our client agreed to plead guilty to the charge based on a lesser weight.

The matter proceeded to sentence at Parramatta Local Court and our solicitor submitted that our clients conduct did not constitute substantial involvement in supply or trafficking and that the supply was a one off supply to his friends.

Our solicitor argued that the offence could be dealt with by a fine only.

The court agreed and only imposed a $2000 fine. An excellent result, considering the maximum penalties that applied.

Our client was charged with possession of cocaine. He admitted possessing the drug but disputed the quantity, which was allegedly almost 5 grams. In the first instance, the police failed to produce the drug certificate with the correct weight at court and refused to amend the weight.

We demanded the certificate prior to entering a plea and threatened to pursue a costs order against the police if it was not produced in accordance with the police prosecutor’s obligations of disclosure.

The drug certificate was produced with a weight of only 0.79 grams.

Our client was a successful businessman with a young family approaching the peak of his business and career. We submitted that a conviction would destroy his career, and that he had good prospects of rehabilitation.

The court agreed and dismissed the charges and did not record a conviction, pursuant to s. 10 of the CSP Act.

Our client was charged with two drug offences:

1. Possession of ecstasy which is contrary to s10(1) of the Drug Misuse and Traffic act 1985. This is a matter which is heard in the Local Court with a maximum penalty of $4400 fine and/or two years in Gaol.
2. Supply of ecstasy which contrary to s25(1) of the Drug Misuse and Traffic Act 1985. Because of the amount of Drug said to have been supplied the offence was charged as a ‘Strictly Indictable’ matter – this meaning it would be heard in a District Court. The maximum penalty is $220,000 and/or Ten years Gaol.

Our experienced lawyers kept both matters in the Local Court jurisdiction limiting the maximum penalties to a $2200 fine and/or Two years in Gaol for each offence.

The charges were supported by clear evidence yet after comprehensive negotiations between our lawyer and Police prosecutors a Plea of Guilt was entered to a drastically altered charge sheet. We advised our client of how best to prepare for sentence assisting in obtaining reports 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.

Our client was found guilty of both offences with no criminal conviction recorded against him. He was ordered to enter into a Bond of Good Behaviour for a period of two years with no other penalty.

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.

The Maximum Penalty in the District Court 15 year’s imprisonment or $220,000 fine or both.

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’.

The sentence was heard at Sydney District Court in June 2014.

Our lawyers successfully persuaded the District Court Judge Haesler 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.

An extraordinary result for our client.

Our client was charged with one drug offence:

1) Supply of ecstasy which contrary to s25(1) of the Drug Misuse and Traffic Act 1985. Because of the amount of Drug said to have been supplied the offence was charged as a ‘Strictly Indictable’ matter – this meaning it would be heard in a District Court. The maximum penalty for this offence in a District Court is $220,000 fine and/or fifteen years Gaol.

Our experienced lawyers negotiated with the prosecution and split the charge into one possess charge and one supply charge this enabling the matters 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.

The supply charge was supported by clear evidence including admissions by our client to officers at the scene.

After comprehensive negotiations between our lawyers and Police prosecutors a Plea of Guilty was entered to a drastically altered charge sheet.

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 j\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!

Drug Misuse and Trafficking Act 1999 s25(1)
Maximum Penalty in the District Court 15 year’s imprisonment or $220,000 fine or both.
There is No Standard Non Parole Period.

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 a 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 of LY Lawyers 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 came to us having pleaded guilty to knowingly take part in supply of less than 27 grams of cannabis and dealing with money reasonably believed to be proceeds of crime – $880.00 in a sip lock bag with the cannabis.

Our client was convicted in the local court and he wanted to appeal.

The facts were:

• Our client was arrested in his car with someone in the car;
• The Police searched the car and located 27 grams of cannabis;
• The cannabis was in two separate zip lock bags. One bag had small amounts of cannabis in smaller zip lock bags already separated;
• The Police also found scales in the car;
• The Police found a piece of paper with names and numbers;

On appeal our client gave evidence of his drug use. He had rehabilitated his drug addiction, although not with some hiccups. He was studying and wanted to become a chartered accountant.

Our client was successful in his appeal and was sentenced to two section 10 bonds for 18 months. He remains free of any criminal conviction.

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.

Our solicitor successfully argued our client was not trafficking to a substantial degree and that our client was unlikely to reoffend.  Further our solicitor 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 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.