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  • Writer's pictureYusif Shamoon

Case study: Rehabilitation Emphasised in Sentencing Outcome

Updated: Mar 21

Table of Contents


 

Summary of Facts

Charges


  1. Prohibited person possess a firearm;

  2. Possess cartridge ammunition;

  3. Unlawful assault of a female;

  4. Cultivate a narcotic plant, namely Cannabis;

  5. Possess a drug of dependence, namely Cannabis.


Court



Our client and the complainant in this case had been in a de-facto relationship for approximately eight (8) years prior to this incident. The couple had been residing together at the victim’s address during that time and there had been numerous reported incidents of family violence between the two, with child protection involved.


Our client has an extensive drug habit, using Methamphetamine, Cannabis, Heroin, Fentanyl and multiple prescription medications. It was alleged that during a drug-induced psychosis, an argument ensured, where he physically assaulted the victim, resulting in medical attention being required.


Following the assault, the complainant left the property and contacted Triple 000 to report the incident.


Upon arrival, a search warrant was executed, and Police located a break open under/over double barrel shotgun (Firearm), four 12-gauge shotgun cartridges, a small package containing explosives, two Cannabis plants in the garage with a sophisticated set-up and, approximately 30 grams of Cannabis located inside the kitchen.


What Happened at Court?

We sought bail for our client but this was refused by the Magistrate.  Our client then instructed our office to negotiate an appropriate resolution of his charges as soon as practicable.  To that end, we organised with the Court to have all of his charges listed for a plea of guilty. 


In our submissions to the Court, we set out our client's personal backround, and the context of the offending that brought him to Court.

 

We also addressed the presiding Magistrate on the appropriate sentencing outcome. In our submission, we urged the Court to consider a Community Corrections Order. The basis for this submission was that rehabilitation of our client was in the community interest and the best safeguard against further offences. Moreover, his rehabilitation was best achieved through a community rather than a prison setting.


Although the prosecution opposed the making of any outcome other that a fixed term of imprisonment on the basis that the offending was too serious, the presiding Magistrate accepted our submissions and our client was ordered to be assessed for suitability to complete a CCO. Following that assessment, he was found suitable.


Court Outcome


Our client was convicted and received a combination CCO and Imprisonment Order:


  • Four months imprisonment with an order for pre-custody detention;

  • 12 Month CCO

  • Fine of $1200 (for the firearm and drug offences).

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