APPEALS - DRUG POSSESSION - POSSESS PROHIBITED DRUG - ECSTASY

Published 12 Sep 2011

CASE STUDY – District Court Appeal – Severity Appeal

The Facts: Possession of 3 ecstasy tablets (possess prohibited drug); no prior criminal record

Local Court: Convicted; $500 fine; criminal record; $73 court costs

On Appeal: Section 10 dismissal (no conviction recorded)

People make mistakes. Section 10 of the Crimes (Sentencing Procedure) Act is sometimes used by a Court to deal with a person of otherwise good character who has committed a criminal offence such as drug possession by giving them an opportunity to demonstrate that they will be of good behavior. Although this client was convicted in the Local Court, on appeal the charge was dismissed.

If you need advice from a criminal lawyer, contact one of our criminal law specialists immediately at our Parramatta or Sydney office.