Solicitor: Danielle Warren
Court: Southport Magistrates Court
Date: November 2017
Police from Task Force Maxima executed a search warrant at our client’s address and found a number of clip sealed bags containing small quantities of various dangerous and restricted drugs, including cannabis, cannabis seeds, methylamphetamine (aka ice), amphetamine (aka speed), oxycodone, and tramadol. Police also located a number of drug utensils, two rifles, and a cannabis plant.
Throughout the search, our client cooperated with the police, making admissions and assisting them in locating items that were not yet found.
A week later, the police returned to our client’s home and, after identifying that there was a strong smell of burnt cannabis coming from the house, questioned our client about any recent drug use. Our client admitted to recently smoking cannabis and granted police access to her house. Police located a further 2.1 grams of cannabis and a bong made from a plastic bottle.
Just prior to the sentence, we were able to obtain concessions from the prosecution that all of the drugs found were for personal use only. This allowed us to finalise our client’s charges in the Magistrates Court.
Our client had no previous entries on her criminal history.
Prior to court, Ms Warren liaised with a representative from the Drug and Alcohol Assessment Referral (DAAR) course and organised for our client to be assessed as to her suitability to be referred to the program. Given that she had not completed a DAAR course before, she was eligible to be referred.
After formally entering a guilty plea in relation to all of the charges, Ms Warren indicated to the court that our client was eligible to complete the DAAR program.
Our client was sentenced to a three month good behaviour bond conditioned that she completes the DAAR session booked in for her and does not commit a further offence in that period. No conviction was recorded on her criminal history.
This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing a utensil is also 15 years imprisonment.