Adelaide Magistrate Court
Plea in Mitigation
Relevant Facts about the Case
- With due respect to the court, my name is Tom McCarthy and I will appear for Alen Ales, 22 years old. Alen has been found guilty for dealing with Ecstasy at HQ night club. However, he has constantly stated of being guilty. Although, he does not wish to go to the jail.
- Even though Alen is aware of the fact that the crime he has committed is highly offensive, but Alen does not wish to go to jail. Alen is not addicted to drugs. However, Alen is an extremely shy and reserved person and drugs help me in socializing. Even though Alen has a feeling that drugs should be legalized, Alen wishes to seek rehabilitation and counseling so that Alen does not end up in jail. Alen wishes to seek rehabilitation because Alen has been taking up ecstasy on regular basis for improving his socialization skills
- Alen is also a law and I work to defend his case myself
- Alen had been forced by his friends and his girlfriend to purchase ecstasy for a trip we were planning
Exemption from Jail sentence
It seems evident that Alen was forced in undue circumstances to follow the path that he has taken. It may seem a little unrealistic to agree that it was not Alen’s fault but actually the reason that Alen was induced by drugs and this was the reason why alen had done what he is now facing sentence for. But it is not a hidden fact that even a person who has committed less crimes and is in jail may come out of the jail becoming a serious criminal. I say this not because I am a lawyer of Alen but because I have fought many cases and I have seen the life of most criminals in jail. I do not say here that all the criminals should be set free but all I am trying to say here is that Alen is in that phase of his life where whatever he learns and whatever he experiences will either make him a better man or a worse criminal. If the court visualizes Alen as a 22 year old boy facing undue circumstances and miserable life that made him be guilty in his own eyes then it definitely seems evident to first make Alen free from his habit of taking ecstasy and then provide him with a chance to work for the betterment of the society.
If Alen is made to serve the life of a prisoner in Jail, he will find more ways to induce himself with ecstasy by whatever means that he can. There are other criminals in jail that will made him do other crimes to provide him with the drug he wants. This will prove negative for Alen and rather than improving his condition, will further deteriorate his morals.
With due respect, I would like to plead to the court to make note of all the associated facts that I have just displayed before making any decisions as this is a matter of someone’s life.
Possession of any kind of drugs is an offence. Possession refers to the fact of having drugs within the premises, or any personal property. If an individual is caught even with a small amount of any form of drug such as ecstasy or heroin the individual will be getting a warning and will not be charged of the offence. It is up to the police informant, whether to or not to take the individual under custody. However, as per my case, Sergeant Gagathen had arrested Ales under the section 32(3) of the Controlled Substances Act, 1984.
As per the act that has been stated, Alen wishes to obtain some leniency as Alen had no wrong intention of using drugs. Even though Alen had been taking ecstasy frequently Alen is ready to visit sessions of counseling for resolving my issues on self confidence and rehabilitation to avoid further dealings and use of drugs. As Alen does not have any amount of savings Alen cannot pay off the heavy penalties; however, Alen wishes to help the community by doing social services free of cost. Alen is the only child of his parents and he hopes to get a chance for improving himself. Alen has accepted his guilt but is ready to accept any other action instead of jail. Alen has been a sound student in academics as my lecturer even states and has the capability to practice law in the future. However, Alen will not be able to receive the appropriate platform due to his conviction records. Alen is also an active member of the Morris Dancing Club. Alen just hopes that Alen could get another chance and any other punishment instead of jail.
PLEA IN MITIGATION AND
SUBMISSIONS ON COST
Controlled Substances Act, 1984, Legislative History, Published under the Legislation Revision and Publication Act 2002.