Case facts
Our client was originally charged with 10 offences the most serious being supply prohibited drug involving not less than the large commercial quantity and if found guilty was facing a maximum of life in prison. There were eight co-accused’s in the matter. He was refused bail along with five of his co-accused’s from the time of arrest. After a 10 day committal hearing at the Local Court we raised significant doubt as to our client’s guilt such that the Crown accepted the serious weaknesses in their case. Negotiations took place between the parties and a plea was accepted in relation to possession of an unauthorised firearm and participation in a criminal group. The other more serious offences were subsequently withdrawn and dismissed. As a result of the serious charges being dismissed we ran a fresh bail application prior to our client being committed for sentence to the District Court. The client was granted bail by the Local Court. In total prior to being granted bail our client had been remanded for 13 months waiting the committal hearing.
Case result
At the District court the judge found special circumstances and determined that the standard non parole period of 3 years for possessing the unauthorized firearm did not apply. Her Honour imposed a gaol sentence of 2 years and 3 months with a non parole period of 13 months which meant time served whilst bail refused and a suspended gaol sentence of 12 months was sufficient punishment. Our client could not believe that the 13 months he served on remand was it. He was immediately released from prison.
Needless to say, our client was overwhelmed and overjoyed that his legal representative was able to achieve such a great result.
Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law. Contact us if you require assistance.
