Bail Granted, Drug Offences

Melbourne Magistrates' Court

Large commercial (1kg cocaine) bail granted, no time spent on remand

Bail granted in a large commercial cocaine trafficking matter on a $1,000,000 surety with 14 stringent conditions, with no time spent on remand.

Melbourne Magistrates' Court · Traffick Large Commercial Quantity (Cocaine) / Proceeds of Crime · Contested Bail Application

Case Snapshot

Court

Melbourne Magistrates' Court

Area

Bail / Drug Trafficking

Stage

Contested bail application

Head charge

Traffick a drug of dependence in a quantity not less than a large commercial quantity (cocaine)

Maximum penalty

Level 1 imprisonment (life)

Other charges

Proceeds of crime

Defence work

Urgent bail application
Counsel briefed at short notice
$1,000,000 surety package
Stringent conditions proposed

Conditions

$1,000,000 surety
Report to police station
Curfew
Residence condition
Surrender valid passports

Result: In this anonymised matter, the accused was charged with trafficking cocaine in a large commercial quantity (1kg). Investigators intercepted what appeared to be a drug transaction and, pursuant to the Drugs, Poisons and Controlled Substances Act 1981, searched the client’s vehicle and located a 1 kilogram ‘block’ of what was believed to be cocaine.

The accused was charged with large commercial drug trafficking and proceeds of crime, and brought before the Melbourne Magistrates’ Court. At very short notice, our office acted quickly to instruct counsel, obtain the support of the client’s family and gather a surety of one million dollars. In combination, this material satisfied the Court that exceptional circumstances existed to grant bail.

Case Outcome

Bail

Granted

Time on remand

None

Surety

$1,000,000

Charges

The accused was charged with large commercial drug trafficking and proceeds of crime following the seizure of a 1 kilogram ‘block’ of what was believed to be cocaine from the client’s vehicle.

Charge 1: Traffick a drug of dependence in a quantity that is not less than a large commercial quantity (cocaine) — Level 1 imprisonment (life)

Charge 2: Proceeds of crime

The Problem

The accused needed to establish exceptional circumstances, as he was charged with an offence punishable by life imprisonment.

Our Approach

Defence prepared a detailed bail application which relied on triable issues, delay in court processes, stable accommodation, employment, young family, ties to the jurisdiction and the availability of a significant surety to the value of one million dollars.

Outcome

Bail was granted with 14 stringent conditions including curfew, reporting to a police station, non-association, surrender any travel documents and more.

Why This Case Matters

This case demonstrates that with the right preparation and strategy, bail can be secured in even the most serious of offences.

Common Questions

Can bail be granted in matters of this nature?

Incredibly difficult, but not impossible. In this anonymised matter, the accused faced large commercial cocaine trafficking carrying life imprisonment. Through urgent preparation, counsel briefed at short notice, family support and a $1,000,000 surety, the Court was satisfied exceptional circumstances existed and granted bail on 14 stringent conditions.

Does this result guarantee the same outcome in another case?

No. Each matter depends on its own facts, including the charges, evidence, plea position, criminal history, sentencing material and the Court's assessment. Past outcomes do not guarantee future results.

Charged with a large commercial drug trafficking matter?

Bail on offences punishable by life imprisonment turns on the strength of the bail package and the speed of preparation. Early instructions and experienced advocacy are critical.

Related Case Studies

Speak With a Lawyer About Your Matter

Each matter depends on its own facts. Early legal advice can affect how a criminal matter is prepared, negotiated, or resolved.