Possession of a Prohibited Drug while on bail. Case Study: R v WQB

Drug importation Lawyer in Sydney, NSWMan charged with drug offences while on bail for other drug offences

One Sunday morning, police observed WQB at an intersection in the Eastern Suburbs of Sydney. He appeared heavily drug-affected. A subsequent physical search by the officers revealed a small quantity of GBH in his possession.

At the time of his charge, WQB was on bail for previous drug-related offences. A condition of his bail was to abstain from taking drugs and alcohol.

WQB was arrested pursuant to Section 77(1)(e) of the Bail Act 2013, for failure to comply with a condition of his bail.

WQB was subsequently charged, and pleaded guilty to, possessing a prohibited drug under Section 10 of the Drug Misuse and Trafficking Act 1985.

Illness and drug dependency key in his sentencing

At his sentencing hearing before the Downing Centre Local Court in Sydney’s CBD, submissions to Her Honour outlined his complicated personal history. This was one involving chronic and debilitating illnesses, as well as protracted drug dependency issues. Her Honour accepted sentencing submissions from medical professionals, family and friends, corroborating WQB’s good character and complicated medical history.

The Court was sympathetic to WQB’s current circumstances. Accordingly, Her Honour determined that a sentence pursuant to Section 10A of the Crimes (Sentencing Procedure) Act 1999 was appropriate. WQB was convicted of his drug possession charge. The proceedings were then disposed of without imposing other additional penalties.

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.


  • Section 77(1)(e) Bail Act 2013;
  • Section 10(1) Drug Misuse and Trafficking Act 1985;
  • possession of prohibited drugs;
  • Section 10A Crimes (Sentencing Procedure) Act 1999;
  • Conviction with no other penalty.
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