Facts:
Dom was at a popular night club in Sydney when the police were conducting drug dog operations. The dog approached and indicated that Dom was in posession of a prohibited substance. The police cautioned him where Dom then admitted to having methylamphetamine (MDMA). Police then located a clear resealable bag containing pieces of paper containing MDMA in powder form. Police escorted Dom to a nearby mobile command bus. The weight of the MDMA was of a traffickable quantity.
The threshold for the large commercial quantity of methylamphetamine was halved (from 1 kilogram to 500 grams) by the Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015
Outcome: Conditional non-conviction order recorded
The solicitor for Dom made submissions that the matter fell within the provisions of section 10 of the Crimes (Sentencing Procedure) Act. In doing so, the solicitor set out his background (particularly his youth), good character in having no prior criminal history and his strong community ties.
The Local Court Magistrate conditionally dismissed the charge without recording a conviction pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act upon the condition that Dom enters into a bond to be of good behaviour for 2 years.
