Trafficking Drug of Dependence, Possessing a Drug of Dependence

The accused ran a shop. He was charged with possessing and selling amyl nitrate (“poppers”), which is deemed to be a poison under the Drugs, Poisons and Controlled Substances Act. We negotiated with the prosecution for removal of the charges of possession and trafficking of a drug of dependence in favour of the laying of new charges of possessing and selling a poison. The accused had no prior convictions.

We represented the client at the Melbourne Magistrates’ Court for the charges of:

We suggested to the informant that recommendation for the Diversion Program was appropriate, and she agreed.

The matter went through diversion. This means that the charges are struck out (because the diversion is granted by a Magistrate) and there is no record of the defendant going to Court.


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 25/02/2013