In a complex and high-stakes case, Steven Mercael, Principal Solicitor at Criminal Lawyers Group, secured a remarkable outcome for a client charged with importing 40 kilograms of a controlled substance into Australia. Despite the significant quantity and the serious nature of the offence, the client received a sentence of only three years’ imprisonment, a result that represents a substantial reduction from the lengthy term typically imposed in such matters.
Background of the Case
The client, a first-time offender, was arrested upon arrival in Australia after customs officers located approximately 40 kilograms of a controlled substance concealed within his luggage. The offence carried a potential maximum penalty of life imprisonment and a standard non-parole period substantially higher than what was ultimately imposed.
Given the scale of the alleged importation, the prosecution initially sought a lengthy custodial term reflecting general deterrence and community protection concerns.
Strategic Defence and Mitigating Factors
Steven Mercael and his team at Criminal Lawyers Group immediately commenced a thorough analysis of the prosecution brief and developed a detailed sentencing strategy focused on mitigation and fairness. The team:
- Conducted extensive background inquiries to establish the client’s limited role and lack of prior criminal history
- Obtained expert psychological and character evidence highlighting the client’s personal circumstances and genuine remorse
- Negotiated with the Commonwealth Director of Public Prosecutions to ensure the agreed facts accurately reflected the client’s minor involvement
- Presented a compelling case at sentencing emphasising rehabilitation, cooperation, and proportionality
Through these efforts, the court accepted that the client was not a principal organiser and had acted under significant personal and financial pressure.
The Outcome
As a result of Mr Mercael’s meticulous preparation and persuasive advocacy, the court imposed a total effective sentence of three years’ imprisonment — a sentence that stands well below the range typically imposed for importations of this magnitude.
Comment from Steven Mercael
“This case involved one of the most serious categories of Commonwealth drug offences,” said Mr Mercael. “By carefully demonstrating our client’s limited involvement and personal circumstances, we were able to secure a just and proportionate outcome that allows our client a realistic path to rehabilitation.”
“This result highlights that even in very serious importation matters, careful preparation and strategic advocacy can make a significant difference to the final sentence.”
The Importance of Skilled Representation in Drug Importation Cases
Drug importation offences are among the most serious under Australian law and often attract long periods of imprisonment. However, with early legal advice and effective representation, significant reductions can be achieved through:
- Accurate identification of mitigating factors
- Careful negotiation of the agreed statement of facts
- Strategic presentation of evidence and submissions
At Criminal Lawyers Group, we have extensive experience in Commonwealth drug matters and consistently achieve outstanding results through thorough preparation and skilled advocacy.
Need Help With Drug Importation or Serious Commonwealth Offences?
If you or someone you know is facing serious Commonwealth drug charges, contact Steven Mercael and the Criminal Lawyers Group for expert, confidential advice.
📞 Visit www.criminallawyersgroup.com.au/contact for a confidential consultation.
Serving clients across Sydney and New South Wales, we are available 24/7 for urgent legal assistance.