Solicitor: Danielle Warren
Court: Southport Magistrates Court
Date: September 2017
Our client’s car was intercepted for the purpose of a licence check. Once at the vehicle, police shone a light into the car and noticed a chopping bowl with a small amount of cannabis in the back seat area.
At this time, police detained our client for the purposes of a search. They located 3g of cannabis and three temazepam pills located in the vehicle’s console.
Our client had two previous entries on his criminal history, both drugs related. He was not eligible to ask for Drug Diversion because he had already been afforded two previous opportunities.
He had plans to travel, so it was important for him to not have the conviction recorded. We were also mindful that a community-based order (i.e. probation or community service) would hinder his travel plans in circumstances where a person cannot leave Queensland without the permission of Corrective Services and international travel is only allowed in exceptional circumstances if they are subject to such an order.
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 his suitability to be referred to the program. Given that he had not completed a DAAR course before, he was eligible to be referred.
After formally entering a guilty plea, 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 he completes the DAAR session booked in for him and does not commit a further offence in that period. No conviction was recorded on his 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