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 police 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 police questions.

Outcome: Application for Section 32 Mental Health order

Criminal defence lawyers 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 Waverley 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 discharge of the matter.



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

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