Diversion for Possess Drug of Dependence

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

What is alleged to have occured?
Our client, a middle-aged male with no priors, had entered a licensed premises at a time when the premises was not trading. At the time, the door to the premise was unlocked. When the police attended, he was placed under arrest and asked to empty his pockets. Upon doing so, a small bag of white powder fell to the floor. The police alleged that this substance was cocaine. He was interviewed and released to face the charges of Burglary and Possession of a Drug of Dependence.

Our client held a position in senior management which required him to travel overseas frequently. We immediately referred our client to services to assist with rehabilitative prospects in relation to the use of drugs of dependence. Our client willingly attended these services.

What happened at court?
Dee Giannopoulos represented the client at the Melbourne Magistrates’ Court for the charge of Possess Drug of Dependence.

Following negotiations between our solicitor and the police prosecutor, it became evident that the prosecution would face significant difficulties in being successful in securing a conviction for the Burglary offence. It was agreed that the prosecution, having had these difficulties pointed out to them, would withdraw the Burglary charge. Meanwhile a diversion for Possess Drug of Dependence would be best given the circumstances.

Our client agreed that he was in possession of the very small quantity of the drug of dependence. However, having a criminal record for such an offence would cause severe detriment to his employment in terms of ability to travel overseas.

An application was made by our office for our client to be considered for diversion. This is the only way in which he could avoid any disclosure of the charge against his name. The prosecution accepted that our client was a suitable candidate for diversion.

The matter proceeded before the court and our solicitor appeared.

What was the result?
The presiding officer was persuaded that our client should be afforded an opportunity to participate in diversion to allow him to avoid any form of record for this offence. This was in light of the fact that he had no criminal history and that he had engaged in rehabilitative services prior to the matter reaching court.

The presiding officer agreed to place our client on a diversion for Possess Drug of Dependence. He completed the conditions and remains without a criminal 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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Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

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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 5/11/2018