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Case Study: Client avoids conviction for three drug related offences

At the Downing Centre Local Court earlier last week, Aaron Roberts was successfully able to persuade the Court to avoid recording a conviction for a client charged with three...

Justin Wong

At the Downing Centre Local Court earlier last week, Aaron Roberts was successfully able to persuade the Court to avoid recording a conviction for a client charged with three drug related offences.

Our client had been charged with driving with an illicit substance present in oral fluid, and two offences of drug possession. Upon conviction for driving with an illicit substance present in oral fluid, a person can be disqualified from driving for a period of between 3 to 6 months. There is also a monetary penalty up to $2,200. An offence of possessing a prohibited drug carries a maximum penalty of two years imprisonment.

In approaching the sentence, Aaron did not seek to diminish the seriousness of the offending, although placed the into context, as our client was experiencing a number of personal difficulties that contributed to them using prohibited drugs. Aaron outlined that our client had a genuine need for a licence considering their occupation, and that a conviction would have irreparable professional consequences for them in terms of their future employment prospects.

Aaron was able to successfully persuade the Magistrate that a ‘Conditional Release Order Without Conviction’ was the appropriate outcome for all three drug related offences. The Magistrate ultimately agreed, and our client was able to avoid a conviction for three serious drug offences.

Photo credit: ABC