Possessing 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. This operation identified a small quantity of cocaine for personal use in CQA’s possession.
The maximum penalty for the offence was either a fine of 20 penalty units, or maximum imprisonment of 2 years, or both.
Drug possession sentencing submissions to Waverley Local Court
CQA pleaded guilty to the charge. Sentencing submissions to the Waverley Local Court argued that CQA be sentenced to a Conditional Release Order without conviction, 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
Ultimately, the Court accepted these arguments. CQA was found guilty of the offence, and the Magistrate granted a Conditional Release Order without conviction.
- 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.