DK was at a popular dance club in North Sydney when Police were conducting drug dog operations. The drug dog approached and exhibited an interest in DK. The Police cautioned the him, and he admitted to having methylenedioxymethamphetamine (‘MDMA’) on his person. Police located a clear resealable bag containing pieces of paper containing MDMA in powder form. Police escorted DK to a nearby mobile command bus. The weight of the MDMA was of a traffickable quantity.
The solicitor for DK made submissions that the matter fell within the provisions of section 10 of the Crimes (Sentencing Procedure) Act. In doing so, the solicitor set out his background (particularly his youth), good character in having no prior criminal history and his strong community ties.
The Local Court Magistrate conditionally dismissed the charge without recording a conviction pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act upon the condition that DK enters into a bond to be of good behaviour for 2 years.