Charges, statutes and outcomes
- Use of prohibited drug
- Possess prohibited drug
- Section 10 (1) Drug Misuse and Trafficking Act 1985
- Possess or use a prohibited weapon without permit
- Section 7(1) Weapons Prohibition Act 1998
- Section 23 (1)(a) Drug Misuse and Trafficking Act 1985
- Table 2 Offence
- Non-indictable offences
- Crimes (Sentencing Procedure) Act 1999
- Community Correction Order
Facts: Possession & use of prohibited drugs & possession of weapon
Our client, AV, was charged with possession and use of prohibited drugs including the possession of a weapon. O’Brien Criminal & Civil Solicitors received instructions to enter pleas of guilty to all charges.
Outcome: Community Correction Order rather than prison sentence
Based on the nature of the offences, our client was facing a maximum sentence of 10 years’ imprisonment. The charges of cultivating a prohibited plant also facing an additional 2 years in prison and/or a $2, 200 fine for the charge of drug possession.
O’Brien Criminal & Civil Solicitors were ultimately successful in getting a Community Correction Order for a period of 12 months for our client. This was pursuant to Section 8 of the Crimes (Sentencing Procedure) Act 1999, an ideal outcome based on the penalties that could have been applied.
O’Brien Criminal & Civil Solicitors have much experience in defending possession of drug charges, including possession or use of weapon charges. We have assisted many clients in doing so. If you have been charged with an offence(s) such as this case study and think a similar course of action is appropriate in your situation, call us today on (02) 9261 4281 to discuss your legal options.