District Court Appeal for client charged at a music festival with possession of drugs

Charged and convicted of possessing a prohibited drug

Jack* appealed to the District Court having been found guilty and convicted of an offence of possessing a prohibited drug. This was per s.10(1) Drugs Misuse and Trafficking Act 1985.

Jack was found in possession of six vials of gamma–hydroxybutyrate (GHB) at a music festival and subsequently charged and convicted.

Need to travel and work internationally compels quashing of conviction

On appeal in the District Court evidence was led in relation to Jack including:

  • his work in the arts community and his prospects to work internationally
  • further evidence which supported his claim of good character in the circumstances surrounding the offence 

As a result, the District Court quashed the fines and conviction recorded in the Local Court and dismissed the charge pursuant to s.10 of the Crimes (Sentencing Procedure) Act.

Testimonial

“Thank you so much for your excellent submissions in my case. A conviction for a drug matter would have presented so much difficulty for me in the future, especially for my travel to the USA. I am so relieved at the outcome, and really appreciate your efforts” – Jack

*Names have been changed for client confidentiality 

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O’Brien Criminal & Civil Solicitors
e: 
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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