May 3, 2019

ST – No conviction for client charged with drug possession at Mardi Gras

Charges, statutes and outcomes

  • Possess prohibited drug
  • Drug Misuse and Trafficking Act 1985 Section 10
  • Community Release Order
  • Crimes (Sentencing Procedure) Act 1999 Section 9(1)(b)

Facts: Police drug detection dog detects MDMA

ST attended a Mardi Gras after-party in March 2019. As he entered the event he was detected by a police drug detection dog. ST was searched and it was revealed that he was in possession of small quantity of MDMA. ST had never been charged with a criminal offence and he was concerned about the impact of a criminal conviction.

Outcome: Plea of guilty and Community Release Order

ST pleaded guilty to the charge of possess prohibited drug.  At sentencing, evidence was presented that he was person of prior good character and it was unlikely that he would re-offend. ST was sentenced to a Community Release Order without conviction for a period of 8 months.