Dismissing a Possess Drug of Dependence Charge

This is a case study on dismissing a Possess Drug of Dependence charge
Our client’s partner called us in the middle of the night saying that his partner had been arrested on drug charges. Because our firm offers a 24/7 phone line, we were able to answer the phone and give him advice on what to do.
That same morning, we appeared at court for the client. The client had been charged with Possession of a Drug of Dependence (heroin) and Possession of a Prohibited Weapon. The police had remanded her because these charges breached a CCO, which she was on for other drug charges. The client had a very lengthy criminal history of drug and dishonesty offences.

The matter proceeded as a plea of guilty to one charge of Possess Drug of Dependence at the Ringwood Magistrates’ Court.
We made submissions on the client’s behalf. Given that she had already spent a night in custody, her Honour found the charges proven and went ahead with dismissing the Possess Drug of Dependence charge.
Elements of Possess Drug of Dependence:

  • The substance in question was a drug of dependence.
  • The accused possessed the substance.

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 02/04/2019