June 22, 2016

Police v BOI: Possess prohibited drug

Key Words: Possess prohibited drug, Section 10(1) Drug Misuse and Trafficking Act 1985 – persuasive character references – non-conviction order and good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999

Facts:

BOI was identified by a drug detection dog as carrying cocaine in her bra. She was taken into custody and charged with possession of a prohibited drug. BOI instructed O’Brien Solicitors to plead guilty to the offence.

Outcome:

During the sentencing hearing, several impressive character references were provided to the judge. The strength of these references, combined with the strength of the defence submissions, resulted in BOI being given a non-conviction order, conditional on the successful completion of a 2 year good behaviour bond.