Possess prohibited drugs charges: Police v BH

Facts: charged with possession of a prohibited drug

Methamphetamine and heroin drugsPolice searched BH as a result of a drug dog operation at a railway station. They found he had 0.2 grams of crystal methylamphetamine and charged him with possession of a prohibited drug.

Plea of guilty leads to Section 10

BH pleaded guilty. BH had a number of matters on his criminal record, but no matters relating to drugs.

However, the magistrate took into account:

  • BH’s very unhappy life circumstances at the time of the offence,
  • the plea of guilty at the first opportunity
  • and the fact that there were no drug matters on BH’s criminal record

Consequently BH got a conviction under s 10A of the Crimes (Sentencing Procedure) Act 1999. The magistrate imposed no further penalty.


“This is such great result, thank you! I was really worried about having to pay a fine. I can see that the way you presented my history over the past year was very important. I’m very grateful.” BH


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

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