Adjourned Undertaking for Possess Drug of Dependence

CannabisThis is a case study on an adjourned undertaking for Possess Drug of Dependence.

Our client was on bail for very serious drug importation charges. His trial was due to commence in a few months. He had breached his bail by failing to report and had served time in prison for this breach.

The client was also caught in possession of cannabis at a train station. While a seemingly minor offence, it was serious given that he was on bail for drug importation charges, he had breached bail before, and he had extensive priors. The prosecution applied to have the client’s bail revoked on the basis of the failure to report / possession of cannabis charges, and this was successfully defended by Sophie Parsons at the County Court.

He then retained our firm to represent him in relation to the charges of Possession of Cannabis and Commit Indictable Offence Whilst on Bail.

Jessica Clothier acted on the client’s behalf at the Melbourne Magistrates’ Court. An adjourned undertaking for Possess Drug of Dependence was ultimately imposed for this case.

The matter proceeded as a plea of guilty. Jessica made submissions on behalf of the client and she discussed the application to revoke bail and how it was unsuccessful. She submitted that the judge had ruled that the Failure to Report and Possession of Cannabis breaches did not amount to an unacceptable risk, and this assessment should be taken into account by the magistrate in determining what sentence to impose for the Possession of Cannabis charge.

Jessica also made submissions about the client’s intellectual disability, his difficult childhood, and the current support services he had in place. She highlighted that the maximum penalty for Possession of Cannabis (for a non-trafficking purpose) is 5 penalty units, and submitted that the Breach of Bail charge could also be dealt with by way of a small penalty.

Her Honour imposed an adjourned undertaking for the Possess Drug of Dependence charge. This was an excellent result given the client’s extensive history of offending.

Elements of Possess Drug of Dependence:

  • That the substance in question was a drug of dependence
  • That the accused possessed that substance

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Jessica ClothierJessica Clothier

Jessica works from our Sunshine office and regularly handles cases at the Sunshine Magistrates' Court. She also represents clients at other Melbourne courts to ensure their right to a fair trial and the best possible outcome. Jessica has always been a fearless advocate and her skills in criminal law are acknowledged as early as during her university years.

Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.

Click here to know more about Jessica's background.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 19/09/2018