Good Behaviour Bond for Drug Possession

This is a case study on a sentence of good behaviour bond for drug possession.

What is alleged to have occured?
Our client was pulled over by the police for driving erratically. There was an issue with his headlights and he had made an illegal right hand turn. These things have a habit of looking more suspicious when it’s 2:30 AM.

Based on the demeanour of the client, the police deemed it necessary to search the vehicle. They found MDMA, LSD, and GHB, including $6,000 in cash. Everything was confiscated and the client was dealt a crushing blow of being charged with possessing various drugs, dealing with proceeds of crime (related to the cash), and breaking two road rules.

That Saturday night had turned badly very quickly for the client. He was a young man but was otherwise a hardworking member of the community without a criminal record.

What happened at court?
We represented the client at the Moorabbin Justice Centre. The offences were:

We listened carefully to the client’s story. We knew that it was possible for the client to achieve a good result and even to claim back the cash. We pushed the prosecution to a contest mention.

The client had a reason for getting back his money and, unless the prosecution could dispel it, the charge could be struck out. It took some debating but the prosecution eventually agreed to withdraw the charge.

Next, the plea was prepared with focus on giving the client’s careless behaviour some context. The plea also highlighted the positive steps that the client had taken since the incident. Specifically, we made submissions about the counselling the client had undertaken and the drug awareness treatment he had begun.

What was the result?
Although concerned by the offending, the magistrate ultimately sentenced the client to a 12-month good behaviour bond for drug possession. This was an excellent result especially considering that the sentence imposed was without conviction.

Elements of Possess Drug of Dependence:
  • The substance in question was a drug of dependence.
  • The accused possessed the substance.
Related case studies
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 07/12/2019