Possession of a prohibited drug – section 10, Drug Misuse and Trafficking Act 1985, Conditional Release Order without conviction – section 9(1)(b), Crimes (Sentencing Procedure) Act 1999.
Facts:
BG was charged with supply and possession of a prohibited drug known as Gamma-hydroxybutric acid (GHB). BG had a diagnosis of a number of health issues. These included:
- a tumour predisposition syndrome,
- a brain tumour in the process of being monitored,
- multiple renal cell cancers in both kidneys,
- a spine tumour and
- multiple pancreas tumours.
O’Brien Criminal and Civil Solicitors successfully demonstrated, both to police and to the courts, that BG’s extensive health issues had a substantial negative effect on his life. However, BH was and continued to be a good and productive citizen.
Outcome:
BG pleaded guilty for supply and possession of a prohibited drug. O’Brien Criminal and Civil Solicitors acted for BG and the police withdrew the charge of supply after successful representation. The charge for possession carries a maximum penalty of 2 years with and/or a fine of $2000. However, the Court considered relevant factors of BG including his character, antecedents, age, health, mental condition, and extenuating circumstances in which he committed the offence. We were able to successfully achieve an 18-month conditional release order without conviction under Section 10.
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.
