Diversion for Possession of Prescription Drugs Without Prescription

Prescription DrugsThis is a case that resulted in a sentence of diversion for possession of prescription drugs without prescription.

Our client was found asleep in a car on the side of the road. The car was searched and he was found to be in possession of prescription drugs for which he did not have a prescription. He was then arrested and charged.

Hester Kelly acted on the client’s behalf at the Moorabbin Justice Centre on a charge of Possess Drug of Dependence.

After lengthy discussions with the informant and prosecutor, we were able to secure a diversion notice for our client. We then appeared in front of the Magistrate and argued for diversion.

Ultimately, the Magistrate granted diversion with some conditions (including to continue to engage in drug treatment). This was an excellent result for the client as he was able to avoid a disclosable criminal record. Having a disclosable criminal record would have resulted in the client losing his job and having potential traffic restrictions placed on him.


Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

Visit this page to know more about Hester.

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 07/02/2018