- 3 x Breaches of bail
- 2x possess dangerous drugs cannabis
- 2x possess dangerous drugs methamphetamines
- 5x stealing
- 1x attempted stealing
- 1x public nuisance in the vicinity of a licensed premises
- 2x common assaults (spitting landing in victims face)
- 2x unauthorized dealing with shop goods
- 1x receiving tainted property
- 2x evade fare
Southport Magistrates Court
22 March 2018
Overview of Case:
In this case, the client had been charged with numerous charges. These offences also occurred while the client was subject to a suspension for breaching bail and was also subject to a 30 month probation order for stealing offences. The offences occurred over a 6 month period where the client had periods of homelessness and was a long term alcoholic.
After requests from our office for police to provide an analysts certificate in relation to one of the possessing dangerous drugs charges (methamphetamine), the charge was eventually withdrawn as there was no dangerous drug detected. Further, after numerous submissions to police prosecutions in relation to the common assault charges (spitting) police agreed that there was little evidence to proceed with the charges and they were also withdrawn.
The client plead guilty to all remaining charges and extensive submissions were made to the Court about the client’s circumstances and the events which had lead to the offending behavior. Given the number of offences, the fact that the client was on a probation order at the time off offending and his engagement with probation was minimal, the client was on a suspended sentence, the client was facing a lengthy term of imprisonment. Had the 2x common assault charges and the 1x possessing methamphetamines charges not been withdrawn, our client was likely to get a term of imprisonment between 12 – 18 months to serve at least 4-6 months in actual custody.
As a result, we were able to successfully submit to the court that a short period of imprisonment be imposed however the client to be release immediately on parole.