Exceed Prescribed Concentration of Drugs – Appeal Against Sentence
Our client was previously sentenced on charges of Exceed Prescribed Concentration of Drugs – 49(1)(i) and 49(1)(h). He is a commercial truck driver who, during a random licence check by the Police, had been subjected to a drug test and tested positive for amphetamines. He also had related prior convictions.
The client was initially represented by a different lawyer at the Magistrates’ Court. During this time, he received a sentence of 15-month loss of licence to take effect immediately. This was a penalty far greater than the mandatory minimum period of 6 months.
Our client then filed an appeal against sentence at the Melbourne County Court and we acted on his behalf. We made submissions to the court detailing the actual circumstances of our client and clarified certain points in regards to the nature of the offending.
Ultimately, the judge imposed a fine and licence cancellation but was persuaded to reduce the disqualification period from 15 months to only 8 months. Given this sentence, our client will be able to get back to his job and provide for his family sooner than what the original penalty would have allowed him.