Diversion Application for Possess Drug of Dependence

This is a case study on a diversion application for Possess Drug of Dependence.

Our client was in Melbourne from interstate with some friends to celebrate a bucks weekend. They decided to purchase some drugs to use over the weekend. The client became intoxicated during the evening and was refused entry to a night club.

What is alleged to have occured?
The client became argumentative which caught the attention of the police who were patrolling nearby. They came and spoke with him and asked him if he had anything on him. He then produced a bag of cocaine which was in his pocket. He was arrested and conveyed to the police station for interview where he made full admissions and appeared remorseful.

What happened at court?
Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court on the charge of Possess Drug of Dependence.

Our client is a real estate agent and it was imperative for his employment that he avoid a conviction. Kristina assessed his charge and considered that a diversion application for Possess Drug of Dependence would be suitable. The informant had not recommended him for diversion during the first instance.

Kristina attended at court and conducted a summary case conference with the prosecution, where she outlined the reasons why she thought the client was a suitable candidate. She also showed them character references which were obtained earlier.

What was the result?
The prosecution finally agreed to recommend the client for diversion and Kristina assisted the client in completing the Diversion Form, all the while being careful to complete it in the most thorough and persuasive manner possible.

We were successful in our diversion application for Possess Drug of Dependence. It was granted by the court which means that our client can continue in his field of employment unhindered by a court record.

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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Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.
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 21/09/2018