Possession of a Prohibited Drug: Conditional Release Order without conviction: R v CQA

drugs cocaine phone credit cardPossessing a prohibited drug

CQA was charged with possessing a prohibited drug under Section 10 of the Drug Misuse and Trafficking Act. These charges followed a drug-dog operation in a pub in Sydney’s Eastern Suburbs. This operation identified a small quantity of cocaine for personal use in CQA’s possession. 

The maximum penalty for the offence was either a fine of 20 penalty units, or maximum imprisonment of 2 years, or both.

Drug possession sentencing submissions to Waverley Local Court

CQA pleaded guilty to the charge. Sentencing submissions to the Waverley Local Court argued that CQA be sentenced to a Conditional Release Order without conviction, pursuant to Sections 9 and 10 of the Crimes (Sentencing Procedure) Act.

His Honour heard submissions outlining multiple factors in support of the Release Order. These included:

  • strong character references for CQA
  • the small quantity of drug’s found in CQA’s possession
  • CQA’s lack of significant previous criminal history
  • the low risk of recidivism
  • and CQA’s participation in drug rehabilitation programs since the incident

Ultimately, the Court accepted these arguments. CQA was found guilty of the offence, and the Magistrate granted a Conditional Release Order without conviction.

Keywords:

  • Section 10(1) Drug Misuse and Trafficking Act 1985;
  • possession of prohibited drugs;
  • Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999;
  • dismissal of charges and conditional discharge of offender;
  • Section 9(1)(b) Crimes (Sentencing Procedure) Act 1999;
  • conditional release order.

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