POSSESS PROHIBITED DRUG – SECTION 10

Published 24 Oct 2011

Case Study

Criminal Defence Lawyers Sydney and Parramatta Offices

Criminal Offence – Criminal Matter – Possess Prohibited Drug – Section 10

Nyman Gibson Stewart

Criminal Lawyers

Downing Centre Local Court

Represented by Solicitor: Carol Younes 

Facts: New Years Eve: 3 ecstasy tablets and some marijuana -2 charges of Possess Prohibited Drug. Client had just applied for permanent residency in Australia and was about to apply for the job of his dreams. A condition of employment meant that he would have needed to disclose any criminal convictions. He was desperate and realized that his future was in real jeopardy. He had made a mistake and what seemed recreational at the time was far from that when he received a court attendance notice.

The potential penalties include 2 years gaol and a fine of up to $2,200 as well as a criminal conviction.

Result:   Ms Younes appeared for him at the local court and tendered a number of excellent references and made lengthy submissions, stressing how much was at stake for this client. After a real lecture from the magistrate about the dangers of using illicit substances the client, the offence was proved but no conviction was recorded upon him entering into a good behaviour bond under section 10 for a period of 12 months.