Case study: Family violence, firearm, property and drug offences
This case highlights the resolution of a client's case at Broadmeadows Magistrates' Court that involved several separate police briefs, and numerous indictable charges including Attempting to traffick a drug of dependence, and Persistently breaching family violence intervention order.
(1) Prohibited person possess a firearm x 2;
(2) Possess unregistered handgun x 2
(3) Attempt to traffic a drug of dependence (Gamma-hydroxybutyrate)
(4) Possess drug of dependence x 8
(5) Theft of registration plates
(6) Possess identification details belonging to another x 4
(7) Retention of stolen goods
(8) Go equipped to steal
(9) Drive whilst license suspended
(10) Commit indictable offence whilst on bail x 2
(11) Contravene Family Violence Intervention Order x 5
(12) Persistently breach Family Violence Intervention Order
(13) Family to comply with an Order under s. 465AA of the Crimes Act 1958 (Vic)
Broadmeadows Magistrates’ Court – October 2023.
Summary of facts
Our client was arrested and placed in custody on allegations of family violence offences. We were successful in a bail application, and upon his release, our client reoffended and was charged with further offences. A subsequent bail application was made but was refused by the presiding Magistrate on account of him being in an exceptional circumstances bail position, and on account of the number of fresh offences and their severity. Our client instructed our office to negotiate a resolution of all charges (30 offences).
What happened at Court?
Our client’s case progressed through summary case conference discussions and was listed for a contest mention. Following lengthy discussions with the prosecution (both prior to and on the day of the contest mention), our client agreed to enter a plea of guilty to 9 offences. As a consequence, the prosecution withdrew 22 offences. Instructions were obtained to consolidate a Breach of Community Corrections Order (CCO).
A plea in mitigation was heard on the same day as the contest mention, and following comprehensive submissions, the presiding Magistrate imposed a 4-month term of imprisonment and declared a period of 2 months as time already served. Our client was re-sentenced on the Breach of Community Correction Order to complete an 18-month CCO upon his release from custody. The Magistrate observed that but for your client’s plea of guilty, the outcome would have been eight (8) months of immediate imprisonment.