Possess Prohibited Drug – deemed supply prohibited drug - Ecstasy – Sniffer Dog – Section 10 – Good Behaviour Bond

Published 24 Oct 2011

Criminal Lawyers Sydney and Parramatta Offices

Criminal Offence – Criminal Matter - Possess Prohibited Drug – deemed supply prohibited drug - Ecstasy – Sniffer Dog – Section 10 – Good Behaviour Bond

Nyman Gibson Stewart

Criminal Lawyers

Downing Centre Local Court 

Represented by Solicitor: Shaun Mortimer

Facts – the client attended a music festival, and was detected by a drug detection dog (sniffer dog) in possession of 6 ecstasy tablets. He was subsequently charged with the offence of Possess Prohibited Drug.  The client could have been charged with Supply Prohibited Drug due to the weight of the drug and the deeming provisions of the Drug Misuse and Trafficking Act.  The client worked in government, and therefore needed to avoid the imposition of a conviction, or else this would have had brought his employment into jeopardy. The client entered a plea of guilty at the first available opportunity and the matter proceeded before the Downing Centre Local Court for sentence. 

Result – matter dismissed pursuant to section 10 of the Crimes (Sentencing Procedure) Act, conditional upon the client entering into a bond to be of good behaviour for a period of 12 months. Submissions were made as to why the client’s prior good character, community involvements through local sporting organizations, charitable work, and the circumstances of the offence justified leniency. This submission was accepted, and it was determined by the Magistrate that placing a person of otherwise excellent character onto a good behaviour bond pursuant to section 10, was appropriate in the circumstances.

Shaun Mortimer is base at our Darlinghurst office.