I appeared at the Brisbane Courts Complex again today to represent a client charged with the indictable offence of Supplying Dangerous Drugs (Methylamphetamine aka Ice).
Whilst this is not strictly a Traffic Offence, the charge arose consequent to a DUI Drink Driving / Traffic intercept.
As I always say, if it happened in a vehicle, and you face loss of licence, or jail, or anything in between, that is what we do.
When I say indictable, this means the charge must be dealt with in the District Court.
My client was not charged with DUI Drink Driving, although they had previously been charged with Posessing Dangerous Drugs.
As a Criminal offence, the charge of Supplying Dangerous Drugs carries with it a Criminal Conviction.
Accordingly, in addition to striving for the lightest possible penalty, my job was one of also trying to persuade the Magistrate not to record a Criminal Conviction.
My client faced a maximum penalty of 20 years imprisonment.
When deciding how to deal with persons in my client's situation, the courts have a number of options available.
A suspended term of imprisonment means that the client does not actually go to jail, but the term of imprisonment hangs over their head for a set period.
If the person returns to court for any other offence punishable by imprisonment during the set period, which a lot of seemingly minor offences are, the Magistrate has 2 options.
The Magistrate can either extend the length of the suspension period, in other words extend the period during which the term of imprisonment hangs over the person’s head, or activate the term of imprisonment.
Alternate to a suspended term of imprisonment, the Magistrate can hand down an intensive correction order, impose a term of imprisonment with immediate parole, or incarcerate the person by physically sending them to jail for a period.
An intensive correction order is a form of imprisonment which is served within the community.
Persons on an intensive correction order must report to the Probation & Parole office during their ordered period, and comply with any directions given.
If a person breaches an intensive correction order, by committing another offence or failing to comply with any given directions, they will be brought back before the court and resentenced for their original offence.
Imprisonment with immediate parole means that the client does not physically go to jail, but technically according to their record they did, however their court date is their release date.
Persons on parole must also report to the Probation & Parole office during their set parole period.
If a person breaches parole, by committing another offence or failing to comply with any directions, they will be immediately imprisoned for the remainder of their prison term.
The Magistrate also has the option of simply sending an offender straight to jail.
Prior to court, I made submissions to Police Prosecutions.
For a number of reasons which I will not go into here, I submitted that the charge should be substituted for the less serious offence of Possess Dangerous Drugs.
At around 5:00pm last night, Police Prosecutions indictated that my submissions had been accepted.
This meant that the charge was no longer indictable, and it could remain in the Magistrates Court.
I made detailed and comprehensive verbal submissions to the Magistrate.
I also prepared extensive written submission of the relevant case law and legislation.
I had my client obtain multiple character references, based on a template which I had earlier provided.
I tendered documents specific to my client's occupation which outlined the hardship which my client would suffer if he was to receive a recorded Criminal Conviction.
I was able to persuade the Magistrate that a Good Behaviour Bond with No Recorded Criminal Conviction were appropriate.
Accordingly, my client received no form of imprisonment, custodial or otherwise.
My client received a 4 month Good Behaviour Bond, with No Criminal Conviction Recorded, with a condition that they attend a Drug Diversion seminar.
Needless to say, my client was extremely relieved.
Wiseman Lawyers specialise in Drug Driving, DUI Drink Driving and Traffic Law.
If it happened in a vehicle, and you face loss of licence, or jail, or anything in between, that is what we do.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Click here to read about other clients I have helped:
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.