Arrested for drug possession one day into Conditional Release Order, no conviction recorded

R v TM

TM was charged with ‘possessing a prohibited drug’, namely cocaine, contrary to section 10 of the Drug Misuse and Trafficking Act.

Unfortunately for TM, at the time he was charged he was one day into a Conditional Release Order which was imposed by the Court for a driving matter.

TM pleaded guilty to ‘possessing a prohibited drug’, and the matter proceeded to sentence in the Downing Centre Local Court on 24 April 2019.

TM had undertaken a substantial amount of rehabilitation and community service work. Chris Cole appeared for TM at the sentence.

Chris Cole convinced the magistrate not to take any action on the breach of the Conditional Release Order. TM was given a further opportunity, and a further Conditional Release Order without conviction was imposed by the magistrate.

This was a great result for the client, as he could maintain his conviction-free criminal record and good character.

Caught with prohibited drug, charge dismissed with no criminal record or bond

R v SK

SK was charged with ‘possess prohibited drug’ contrary to section 10(1) of the Drug (Misuse and Trafficking) Act 1985.

Chris Cole represented SK in the Downing Centre Local Court.

The presiding Magistrate accepted representations made on behalf of SK, and dismissed the matter pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

She did not receive a criminal conviction.

This was a great result for SK as she was able to avoid any criminal record.

Possess prohibited drug, Section 10(1)(a) dismissal even with previous Conditional Release Order

R v DS

On 2 April 2019, Chris Cole appeared for DS in the Local Court of NSW. DS was charged with and pleaded guilty to possessing a prohibited drug.

DS was in an unfortunate position in that he had previously been found guilty of an offence and sentenced to a Conditional Release Order without conviction, pursuant to section 10(1)(b) of the Crimes (Sentencing and Procedure) Act.

The previous Conditional Release Order expired two months prior to the commission of this offence.

After material was tendered and submissions were made for a further non conviction, the presiding magistrate deemed it inexpedient to record a conviction, and additionally dismissed the matter without imposing a Conditional Release Order.

This meant that the charge was dismissed in its entirety. This was another fantastic result, one in which DS could maintain his good character and standing within the community.