Criminal Law - Drug Offences and pre-trial negotiation

We recently finalised a matter for a client (“Mr. A”) who was charged with a set of drug charges: possession and dealing with heroin and amphetamines worth $65,000. Mr. A had a prior criminal record for similar offences and a conviction would have definitely resulted in a term of immediate imprisonment of at least 2 years.

Mr. A was in the wrong place at the wrong time. However, on the surface, the brief of evidence against Mr. A was creditable. First, the drugs were found in a flat (“the Flat”) where Mr. A was, “on paper”, the tenant. Second, in one of the bedrooms where some drugs were found, there was a bundle of documents and letters bearing Mr. A’s name. Third, small deal bags were found in the same bedroom and a set of electronic scales was found in the kitchen. Fourth, a relatively large amount of cash was found on Mr. A and in his wife’s hand bag totaling about $8,000. Fifth, Mr. A was sitting in the lounge room when the police arrived at the Flat. Sixth, Mr. A had 2 mobile telephones on him that rang about 70 times during a 2-hour period (Mr. A was not working and was on sickness benefit).

A co-defendant pleaded guilty but he did not admit that all of the drugs were his. Mr. A said that he did not live at the Flat. He allowed the co-defendant to live there under the lease and the co-defendant would pay the rent on a fortnightly basis. Mr. A said that he lived with his wife in another flat nearby. However, Mr. A’s wife made a statement to the police that Mr. A did not live with her and that he lived in a flat nearby (which she later was made aware was the Flat).

Mr. A participated in a tape recorded interview with the police where he denied possessing and dealing drugs. However, during the interview, Mr. A made various admissions and claims that were contrary to his wife’s statement and to his written record.

The matter was listed for a 3-day hearing. Mr. A wanted to have his day in court so that he could clear his name. We advised Mr. A to instruct me to make an offer that the police could not refuse: they withdraw the charges in exchange for Mr. A not to instruct us to make an application for costs. The police finally agreed to withdraw the charges 2 days before the hearing was due to commence. Although Mr. A had a reasonable chance of defending the charges, he ran the risk of being found guilty or that the police could charge him with other charges arising out of the body of evidence as the evidence would reveal clear illegal activities by Mr. A.

The lessons to be learnt from Mr. A’s real life story are: 

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