Drug Charge Defence Case
The client's 18-year-old child is currently on remand in New South Wales, facing serious charges related to large-scale drug supply involving undercover law enforcement. The client suspects potential entrapment, believing their child was pressured and targeted without knowledge of the law. There are multiple witnesses, primarily police, with no civilian witnesses present. The child has no previous criminal history and is receiving supportive care from family and friends. Legal representation has been secured, allowing for ongoing communication during remand.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential defences against the charges related to entrapment?
A possible defence is to argue entrapment, which occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. It must be shown that the individual had no predisposition to commit the crime and was pressured by law enforcement. Challenging the credibility and conduct of the police witnesses will be crucial, especially given the absence of civilian witnesses. Collaboration with legal representation to gather evidence and prepare a defence strategy is essential.
How is the entrapment defence handled legally, and what is the likelihood of success?
In New South Wales, entrapment isn't directly recognized as a distinct legal defence, but it can be presented as an abuse of process if the police conduct is deemed unfair. The argument's success hinges on demonstrating improper police actions and that the accused was not predisposed to committing the crime. This requires a thorough examination of police practices and interactions that led to the charges.
What are the possible outcomes if convicted, and how can penalties be reduced?
If convicted of large-scale drug supply, severe penalties including long-term imprisonment may apply, with the maximum penalty reaching life imprisonment. The actual sentence would rely on various factors, including the quantity involved and any mitigating circumstances such as lack of prior criminal history or context related to the entrapment claim. Engaging a skilled lawyer to present these factors can be critical in reducing the severity.
What can be expected in terms of the legal process and timeline?
Legal proceedings for drug charges usually initiate with a bail hearing, potentially moving to a committal hearing if necessary. Due to the serious nature of the charges, the case may be escalated to a higher court. Timelines can vary significantly, but preparing for several months of legal activity is prudent, particularly due to evidence gathering and possible entrapment investigations.
What rights does the accused have while on remand?
The individual on remand possesses several rights to ensure fair treatment, including the right to legal representation, presumption of innocence, and a fair trial. They must be promptly informed of charges and given adequate time and facilities to prepare their defence.
