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Possession of a Prohibited Drug: Conditional Release Order without conviction: R v CQA

drugs cocaine phone credit cardPossessing a prohibited drug

CQA was charged with possessing a prohibited drug under Section 10 of the Drug Misuse and Trafficking Act. These charges followed a drug-dog operation in a pub in Sydney’s Eastern Suburbs.

Subsequently, this operation identified a small quantity of cocaine for personal use in CQA’s possession. 

The maximum penalty for the offence was one of two options. These would be either a fine of 20 penalty units, or maximum imprisonment of 2 years, or both.

Drug possession sentencing submissions to Waverley Local Court

Ultimately, CQA pleaded guilty to the charge.

In the hearing, we made sentencing submissions to the Waverley Local Court. In those, our lawyers argued that CQA get a sentence of a Conditional Release Order without conviction. That would be pursuant to Sections 9 and 10 of the Crimes (Sentencing Procedure) Act.

His Honour heard submissions outlining multiple factors in support of the Release Order. These included:

  • strong character references for CQA
  • the small quantity of drug’s found in CQA’s possession
  • CQA’s lack of significant previous criminal history
  • the low risk of recidivism
  • and CQA’s participation in drug rehabilitation programs since the incident

The Court accepted these arguments. Consequently, CQA was found guilty of the offence, and the Magistrate granted a Conditional Release Order without conviction.

Keywords:

  • Section 10(1) Drug Misuse and Trafficking Act 1985;
  • possession of prohibited drugs;
  • Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999;
  • dismissal of charges and conditional discharge of offender;
  • Section 9(1)(b) Crimes (Sentencing Procedure) Act 1999;
  • conditional release order.

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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