November 24, 2016

Police v CSH: Possess prohibited drug

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

Facts:

CSH was attending a music festival known for its drug consumption. Police witnessed CSH placing a coloured plastic item into his shorts. Upon approaching him, CSH appeared to be nervous. A police search found a small amount of MDMA. CSH instructed the defence to plead guilty to the charge of possessing a prohibited drug.

Outcome:

Upon sentencing, submissions were made to the effect that CSH possessed only a minimal quantity of the prohibited material, and for personal use only. The submissions also emphasised CSH’s early admission and plea of guilty. The magistrate handed down a non-conviction order, conditional on CSH completing a 12 month good behaviour bond.