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Case Study: Drug conviction overturned in District Court appeal

Our client was charged with Possession of a Prohibited Drug, being 1.6 grams of MDMA. This quantity is above the indictable quantity for this prohibited drug. When he was...

Janelle Tarabay

Our client was charged with Possession of a Prohibited Drug, being 1.6 grams of MDMA. This quantity is above the indictable quantity for this prohibited drug.

When he was sentenced at the Downing Centre Local Court he was convicted of this offence and fined $600.

Due to the nature of our clients work and the fact that he has family in America, he had a substantial need to avoid a conviction and he therefore decided to exercise his right of appeal to the District Court.

Last week Zoe Whetham, criminal solicitor at Streeton Lawyers, presented his case in the District Court.

Documents were tendered on our clients behalf and submissions were made by Ms Whetham, who was ultimately able to convince the Judge that a conviction should not be recorded despite Her Honour’s concerns about the quantity of the drug.

Accordingly, the orders of the Magistrate in the Local Court were quashed and instead our client was placed on a good behaviour bond without a conviction.

This meant our client was able to avoid having a criminal record for this offence. He was extremely relieved with this result.

Photo by Anna Tis