Recently, Amanda Pappas was able to successfully persuade a Magistrate to not record a conviction against our client who had been charged with possession of a prohibited drug for a second time within 6 months.

Our client was charged with possession of a prohibited drug after being searched by police at a music festival. An offence of possessing a prohibited drug is serious and carries a maximum penalty of 2 years imprisonment and/or a $2,200.00 fine.

On a bridging visa, our client was very concerned about the negative impact that a conviction may have on their ability to stay in Australia, as well as the impact a conviction would have on their employment and their ability to successfully obtain Australian residency.

In coming to a decision, a Court considers the criminal history and good character of an individual. In this case, our client had a particular aggravating factor being that this was their second drug possession offence in 6 months. Amanda acted promptly in addressing this with the client and came up with a strategy to approach this at sentence.

Amanda was able to place our client’s behaviour within its context, including that our client had several personal difficulties which contributed to their use of prohibited drugs. Amanda highlighted our client’s genuine need to avoid a conviction, and that a conviction would likely cause irreparable impacts on their Australian residency and future employment.

Ultimately, Amanda was able to successfully argue that our client should receive a Conditional Release Order Without Conviction, meaning that our client was able to avoid a conviction.

Photo by MARK PRODUCTION