Application for Diversion – Possess Drug of Dependence

This is a case study on a successful application for diversion concerning drug offences.

What is alleged to have occured?
Our client was charged with 4 counts of Possess Drug of Dependence (amphetamine and prescription drugs). He was under 25, was running his business, and had no prior history. He made full admissions to the police and was cooperative. On referral to his GP, he commenced counselling through a psychologist for his drug use and depression.

What happened at court?
We acted on the client’s behalf at the Melbourne Magistrates’ Court.

An application for a diversion was made to the police along with a report from his psychologist evidencing his sustained rehabilitation. Because of our client’s age, lack of prior history, cooperation with police, and his endeavours to address his drug use, the police officer was prepared to recommend diversion.

What was the result?
The matter was heard as a diversion application and the Magistrate granted diversion with conditions to continue counselling through his psychologist and to continue to receive treatment for his drug use. Because our client was granted a diversion, he avoided a disclosable court history which may become an impediment to his business.
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 15/06/2015