Possess Drug of Dependence – Cocaine, Ecstasy
This is a case of Possess Drug of Dependence involving cocaine and ecstasy.
Our client had been sitting inside his vehicle with a friend when the police approached and conducted a search under the Drugs Poisons and Controlled Substances Act. He was found to be in possession of cocaine and 19 ecstasy tablets and was subsequently charged. The pills were found in the centre console of the vehicle whilst the cocaine was found in his wallet.
The client was cooperative with the police but denied knowing anything about the drugs at the time of his interview. When he came to see us, he explained that the drugs were in fact his, but that he had panicked and lied to the police.
It was critical for the client not to have a conviction or a criminal record as he would lose his job and potentially his career if this was to happen. He was a professional who had never been in trouble before.
It is common for people to panic when being interviewed by the police. Sometimes, the police can also misinterpret what the defendants are saying during correspondences. In this case, we compiled written submissions confirming that our client was accepting responsibility for the offending.
We also asked the informant to recommend the client for diversion, taking into account his good character and the fact that he had never been in trouble before. We were successful in gaining a recommendation for diversion from the police and we were soon able to focus on the preparation for the court hearing.
We obtained character references which confirmed that our client was remorseful and had not engaged in any further drug use since the time of the offending. We were able to successfully show the court that this was a person who would not be a risk of committing any further offences and that he deserved the opportunity to avoid a criminal history.
For the offence of Possess Drug of Dependence involving cocaine and ecstasy, the client was placed on a 6-month diversion plan with a condition to make a small donation to a local charity. The careful and strategic preparation of the matter ensured that our client was able to avoid a criminal record and to continue working in his professional field.
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 31/01/2018