Case Study: 24-year-old charged with possess prohibited drug

Posted by janelle.tarabay on 06 October 2017

Mikaela this week had a client who was caught by a sniffer dog in Bondi in possession of a small bag of cocaine. Her client immediately made admissions to police about being in possession of the cocaine and was charged with possession of a prohibited drug.

Mikaela’s client was a young professional who had just finished his degree and started a job in a very large accounting firm. If he received a criminal record, he would have lost his job and the ability to travel and work overseas.

Mikaela advised her client that the best way to resolve the matter would be to plead guilty and seek the court’s leniency by asking for a section 10 non- conviction.

To prepare for this sentence, Mikaela got her client to engage in drug focused rehabilitative steps, obtain character references and write a letter of apology.

At sentence, Mikaela tendered these items as evidence of her client’s prior good character, positive prospects of rehabilitation and significant remorse.

Due to this evidence and the submissions made by Mikaela, her client obtained a section 10 bond for a period of 12 months, which means that he was not convicted of possessing a prohibited drug and will not have a criminal record.

The courts unfortunately regularly see young people like Mikaela’s client, charged with possession of prohibited drugs. By Mikaela having her client engage in rehabilitative steps, she was able to distinguish him from the others that come before the court and provide proof that he had learnt his lesson and would not re-offend, which went a long way in her client’s favour.

If you are in a similar position and charged with possession of a prohibited drug, please contact us  on (02) 9025 9888 or at info@streetonlawyers.com.au to discuss your options.