Police v TM

Key Words: Possess prohibited drug, Drug Misuse and Trafficking Act 1985 Section 10(1) – working with children check, teaching career in jeopardy – good behaviour bond, Crime (Sentencing Procedure) Act 1999 Section 10 – career no longer threatened

Facts:

TM was apprehended by police during an overt drug detection operation in Bondi Junction. TM was sitting in a bar in Bondi Junction, when uniformed police officers with a drug detection dog entered the premises. Plain clothes police saw TM attempting to hide a bag of cocaine when the uniformed police entered the premises. The plain clothes police detained and questioned TM. TM was subsequently charged with possession of a prohibited drug.

TM was highly distressed by the charge, and concerned that a conviction would cause him to fail the Working With Children Check and would jeopardize his career as a teacher.

Outcome:

After a plea of guilty, TM was not convicted of the offence, on the condition that he enter into a 12 month good behaviour bond. This non-conviction order meant that TM’s teaching career would not be jeopardised.