Charge: TRAFFICKING IN A DANGEROUS DRUG (Cocaine)
Jurisdiction: Brisbane Supreme Court | Drugs Misuse Act (Qld)
The Situation
Our client was charged with TRAFFICKING IN A DANGEROUS DRUG (Cocaine), an offence considered among the most serious under Queensland’s drug legislation. Trafficking charges carry a presumption of imprisonment and are typically met with lengthy custodial sentences, particularly when the drug involved is a Schedule 1 substance such as cocaine. The case proceeded to the Brisbane Supreme Court, placing our client at immediate risk of a significant period behind bars.
The complexity of the matter and the weight of the evidence meant that a carefully considered and strategic approach was needed from the beginning.
Our Response
We undertook a comprehensive review of the brief of evidence, identifying areas of concern and weakness in the prosecution’s case. Our team engaged in early and ongoing case conferencing with the Director of Public Prosecutions (DPP), presenting a compelling narrative that reflected not only the evidentiary issues but also our client’s background, personal circumstances, and genuine prospects for rehabilitation.
We worked proactively with the Crown to negotiate an outcome that was just and proportionate. This involved outlining mitigating factors, including our client’s minimal criminal history, demonstrated remorse, and commitment to rehabilitation.
The Outcome
Following persistent negotiations and strong advocacy, we secured an agreement to downgrade the charge from TRAFFICKING to PRODUCTION OF A SCHEDULE 1 DRUG—still a serious offence under the Drugs Misuse Act, but one that allowed for a far more favourable sentencing outcome.
With this amended charge, we presented a persuasive submission at sentence, arguing that a custodial sentence could be wholly suspended in light of the circumstances. The Supreme Court agreed, imposing a suspended sentence. This meant our client avoided time in actual custody, allowing them to remain in the community and continue their path toward rehabilitation.
Key Takeaways
- Early intervention matters – By engaging early with the prosecution and thoroughly analysing the evidence, we were able to steer the matter away from a likely custodial outcome.
- Strategic advocacy works – Through measured negotiation and effective advocacy, we secured a substantial reduction in the charge and sentence.
- Outcomes can change – Even in the most serious drug matters, a well-executed defence strategy can result in life-changing outcomes.
This case highlights the importance of experienced legal representation and the value of early, proactive negotiations when facing serious criminal charges.
Need help with a similar issue? Book your free consultation today to see how we can assist you.
