June 23, 2017

Police v XE: Possess prohibited drug

Possess prohibited drug, Section 10(1) Drug Misuse and Trafficking Act 1985– Application for Section 32 Mental Health (Forensics Procedure) Act 1990

Facts:

XE was charged with possession of a prohibited drug (20 grams of cannabis) after police attended his residence in relation to a domestic incident. XE was found behaving very erratically, yelling at the officers and slurring his words. Police found a small clear resealable bag containing cannabis after entering the premises. XE was placed under arrest and cautioned. He became uncooperative to questions asked by police. The defence made an application for the matter to be dealt with pursuant to the provisions of Section 32 Mental Health (Forensics Procedure) Act 1990 upon appearance before Waverly Local Court on the basis of a psychiatric report diagnosing XE with Bipolar Affective Disorder.

Outcome:

During the hearing, our drug offence lawyers submissions were made by alluding to XE’s psychotic and depressive episodes. The submissions also included statements from family members about XE’s struggle with mental illness and ongoing psychiatric treatment. The magistrate granted the application which effectively resulted in the matter being discharged.

If you are facing drug charges, contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the drug defence lawyers in our Sydney office.