Importation of a Prohibited Import Case Results

201511.26
0

Importation of a Prohibited Import (drug), Possession of a Prohibited Import, Committal Proceeding , Notice of Discontinuance, Case Dismissed.

Ms Hancock of our office acted on behalf of an Iranian refugee, the mother of two school aged children. She had been charged with Attempting to Import and Possess a Commercial Quantity of methamphetamine, which had been delivered to her Melbourne home in a package. Our client had signed for the package. She was arrested soon after the controlled delivery by Australian Federal Police.

Our client was granted bail, however as her bridging visa had expired, she was held in immigration detention. Her two young children were also removed from the community and held in immigration detention with her.

Ms Hancock appeared as solicitor advocate at the Committal hearing and cross examined a number of witnesses. After the Committal and following consideration of all the evidence, we prepared a submission to the Commonwealth Director of Public Prosecutions (CDPP) arguing that the case against our client ought to be discontinued, quoting relevant parts of the Committal evidence in our support.

The submission that there was no evidence that our client had sufficient knowledge to have committed any offence was ultimately accepted by the CDPP and the charges were discontinued against our client.

Our representation ensured that these serious charges against our client were in essence withdrawn. This was an excellent outcome for our client who would have been facing an immediate term of imprisonment had the matter been proved against her. Our client and her children are now being assisted by an immigration law firm to apply for a bridging visa to return to the community.