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Case Study: Streeton Lawyers helps client avoid criminal conviction for drug charges

The team at Streeton Lawyers has extensive experience helping clients facing drug possession and drug supply charges. We help countless clients each year facing drug charges to attain the...

Janelle Tarabay

The team at Streeton Lawyers has extensive experience helping clients facing drug possession and drug supply charges. We help countless clients each year facing drug charges to attain the best possible results and successfully move on with their lives. Recently, Senior Associate Amanda Pappas helped one such client charged with one count of supply prohibited drug contrary to section 25 of the Drug Misuse and Trafficking Act 1995 (NSW). This offence carries a maximum penalty on indictment of 15 years imprisonment and/or a fine of $220,000.

Our client was attending a music festival when a drug sniffer dog gave a positive indication to the scent of prohibited drugs in the airspace near him. Our client admitted he was in possession of prohibited drugs and was subject to a search by police. He was found in possession of 10 capsules of MDMA which, when weighed, exceeded the deemed ‘trafficable quantity’, therefore he was deemed to have the prohibited drug in his or her possession for supply pursuant to section 29 of the Drug Misuse and Trafficking Act 1995 (NSW).

Our firm was able to successfully negotiate with police to have the more serious charge of supply prohibited drug withdrawn in exchange for a plea offer to the lesser charge of possession of a prohibited drug contrary to section 10(1) of the Drug Misuse and Trafficking Act 1995 (NSW). This offence carries a maximum penalty of 2 years imprisonment and/or a fine of $2,200.

Solicitor Amanda Pappas successfully appeared for our client on sentence and was able to ensure the client was not criminally convicted and sentenced to a Conditional Release Order without conviction for a period of 9 months.   

Recent changes to drug laws

New drug laws have been introduced which give police the ability to issue up to two on the spot Criminal Infringement Notices (CINs), which are $400 fines, to adults for personal drug use and small quantity drug possession offences. The new amendments encourage people who get a CIN to complete a drug and alcohol intervention program and, if they do complete it, then they will not have to pay their fine.

However, these new laws do not apply to any serious drug offences like drug supply. Police also still retain their discretion in all cases to charge a person and proceed to court and it is still an offence to possess and use illicit drugs.

Read more recent case studies from Streeton Lawyers here.

Photo courtesy of Journal of Studies on Alcohol & Drugs