Police v XE: Possess prohibited drug

Possess prohibited drug

XE was charged with possession of a prohibited drug (20 grams of cannabis) after police attended his residence in relation to a domestic incident. The statute in question was Section 10(1) Drug Misuse and Trafficking Act 1985.

XE was found behaving very erratically. He was yelling at the officers and slurring his words. Police found a small clear resealable bag containing cannabis after entering the premises. XE was arrested and cautioned. He became uncooperative in answering questions asked by police.

Outcome: Application for Section 32

The defence made an application for the matter to be dealt with pursuant to the provisions of Section 32 Mental Health (Forensics Procedure) Act 1990  upon appearance before Waverly Local Court. This was on the basis of a psychiatric report diagnosing XE with Bipolar Affective Disorder.

During the hearing, our drug offence lawyers submissions were made by alluding to XE’s psychotic and depressive episodes. The submissions also included statements from family members about XE’s struggle with mental illness and ongoing psychiatric treatment. The magistrate granted the application which effectively resulted in the matter being discharged.

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.

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