Possess Cocaine and Possess Prohibited Weapon

This is a case study on possession of cocaine and a prohibited weapon at the Dandenong Magistrates’ Court, where the trafficking charge was withdrawn after drug testing confirmed a lower quantity than alleged.

What is alleged to have occured?

Our client was apprehended in his car while allegedly in possession of cocaine, knuckle dusters, an amount of cash, scales, deal bags, and other items commonly found to be used for trafficking drugs. The police made observations that the client appeared to be drug-affected. The powder in the vehicle was located in the client’s pocket and in different compartments, and in different sizes of plastic vacuum bags of which some were deal size and some larger. It was alleged that a total of 19.5 grams of cocaine was located.

During the interview, our client made admissions to having knowledge of the cocaine in his pocket and the knuckle dusters. The client instructed us that at least 10 grams of the powder was not cocaine and was in fact creatine. The client also instructed that the $1,800 found in the vehicle was not proceeds of crime but cash received from paid employment. He indicated that he would plead to one charge of possession of 9.53 grams of cocaine and to one charge of Possess Prohibited Weapon (knuckle dusters) on the condition that all other charges be withdrawn.

What happened at court?

Amelia Ramsay acted on the client’s behalf at the Dandenong Magistrates’ Court. The charges were:

• Trafficking
• Possess Drug of Dependence
• Possess Equipment for Trafficking
• Dealing With Property Suspected of Being Proceeds of Crime
• Possess Prohibited Weapon

We commenced negotiations with the prosecution. Three (3) grams is the deemed traffickable quantity of cocaine which makes it difficult to convince the prosecution to withdraw the charge of Trafficking. Their allegation was that the client was in possession of 19.5 grams of cocaine.

We sought to have the drugs tested. An initial spot test returned a result that all powders located in the vehicle were positive for cocaine. However, a full test showed that this was true only for 9.53 grams of the powder.

The matter proceeded by way of special mention. We confirmed the negotiated resolution with the prosecutor as a plea of guilty to Possess Cocaine and Possess Prohibited Weapon (knuckle dusters) without exemption, each with a single charge. We made submissions regarding the circumstances of the offending, the client’s personal circumstances including protective factors such as family, sport, friends, employment, study and treatment. We noted the significant efforts the client had made towards his rehabilitation including his engagement in drug counselling, linking in with a psychologist, and doing voluntary drug screens to confirm that he was no longer using drugs.

What was the result?

The magistrate was very impressed with our client’s efforts and acknowledged the excellent character references written on his behalf.