Police v SXM

Key Words: Possess prohibited drug, Drug Misuse and Trafficking Act 1985 Section 10(1) – MDMA tablet at a music festival – teaching career jeopardised – plea of guilty – non-conviction and good behaviour bond, Crimes (Sentencing Procedure) Act 1999 Section 10(1)(b)

Facts:

SXM was attending a music festival on the Central Coast. She had been given a complimentary ticket by a friend, who – along with the ticket – provided SXM with an unasked-for MDMA tablet. A sniffer-dog operation at the festival detected the MDMA pill on SXM’s person. SXM was fully cooperative with police, and was arrested on a charge of possessing prohibited drugs.

At the time of arrest SXM was in her final year of a teaching degree. A criminal conviction would jeopardise her efforts in pursuing teaching as a career.

Outcome:

SXM pleaded guilty to the charge, and the matter proceeded to sentence. O’Brien Solicitors assisted SXM in collecting and tendering several letters of reference. The magistrate in the Local Court gave SXM a section 10(1)(b) non-conviction, meaning that SXM is still able to have a career as a teacher.