Supply Prohibited Drug - bail application

Published 24 Oct 2011

Case Study - Criminal Charge - Criminal Matter – Supply Prohibited drug – Supply Ecstasy – Supply Cocaine – Cannabis – Bail Application – small quantity – indictable quantity

Nyman Gibson Stewart Criminal Defence Lawyers – Sydney and Parramatta

Central Local Court

Represented by solicitor: Shaun Mortimer

Facts: Our client was arrested after supplying a small amount of cocaine to an undercover Police officer. Police then raided the unit our client shared with several other people, and found a significant amount of drugs including ecstasy and cannabis, drug paraphernalia, and money. The circumstances of this find suggested that these items may not have been in the possession of our client. Our client was charged with supply prohibited drug and refused bail by the Police, and whilst in custody urgently contacted Nyman Gibson Stewart to represent him in court, in order to apply for bail.

Result: The matter came before Central Local Court the following day for a bail application. Even though the offences were potentially of a very serious nature, it was emphasized that our client had strong community ties, family support, and family members who are willing to act as his surety. It was strongly argued that significant doubt attached to the allegation of our client being in possession of the items found at his unit, and that the prosecution case was therefore far from strong. If the prosecution could not establish possession, our client could not be guilty of supply in those circumstances.  Despite the prosecution opposing bail, our client was released on conditional bail pending the finalization of the matter.

Shaun Mortimer is criminal defence solicitor based at our Sydney office, and regularly appears at Central Local Court and other courts for all types of bail application.