May 3, 2019

HD – No conviction for client charged with drug possession at NYE party

Keywords: 2 x Possess prohibited drug, Drug Misuse and Trafficking Act 1985 Section 10 ­– Community Release Order, Crimes (Sentencing Procedure) Act 1999 Section 9(1)(b)

Facts:

HD attended a dance party on New Year’s Eve 2018-19. As he entered the event he was detected by a police drug detection dog. HD made admissions to police that he was in possession of MDMA and Cocaine.  The drugs were weighed, and he was in possession of 2.26 grams of MDMA and 0.81 grams of Cocaine. HD was a foreign national and he was hoping to apply for a permanent residency to Australia at the time of sentence. HD had concerns regarding the impact of a conviction on this application.

Outcome:

HD pleaded guilty to the two charges of possess prohibited drug.  At sentencing, HD was sentenced to a 2-year Community Release Order without conviction.