In this extraordinary case a client came to us charged with possession of 5 kilograms of cannabis with intent to sell or supply. The amount was well over the drug trafficker declaration amount and would almost always result in a substantial term of immediate imprisonment. On review of the initial disclosure it was apparent that the police had attended the client’s house for another matter. They were not executing a search warrant looking for drugs and indeed had no idea that a large quantity of cannabis would be found at the premises. The client informed the police that the drugs were being held for a third party. There was no other evidence of drug dealing within the house or on the client’s phone.

We assisted the client to engage in substantial pre-sentence rehabilitation which was aimed at dealing with all of the factors that led to the offending. The client followed this advice and by the time of sentencing had extensively addressed each of the various factors that led to the decision to hold the cannabis for the third party. We also ordered a court-ordered psychological report which was pivotal in outlining the various factors that led to the client’s involvement in this large-scale cannabis transaction.

At sentencing we presented persuasive submissions in relation to the client’s culpability. This included outlining the brief nature of the client’s involvement in the drug transaction, and the fact that there was nothing suggesting any ongoing involvement with cannabis distribution. We also highlighted the numerous positive factors in the client’s favour, including the fact of addressing all of the causes of the offending behaviour.

The Judge was persuaded to take the exceptional step of imposing a non-custodial sentence for the offending, which would ordinarily otherwise have resulted in a significant term of immediate imprisonment.

This was a fantastic outcome for the client and a truly extraordinary outcome when regard is had to comparative cases that have gone on appeal.