1. Possessing dangerous drugs
2. Possessing property suspected of having been used in connection with the commission of a drug offence.
Court: Brisbane Magistrates Court
Solicitor: Cameron Browne
Date: 5 October 2021
Our client was charged with 2 offences under the Drugs Misuse Act (Qld).
Police were conducting surveillance on a known drug suppliers’ residence when our client’s vehicle was observed stopping outside this location. Upon intercepting our client and searching the vehicle, a small clip sealed bag containing a crystal substance, suspected to be Methylamphetamine, was located. A glass pipe was also located in the vehicle.
After analysing the police summary of facts (QP9) and meeting with our client, Mr Browne advised our client of his options. In circumstances where our client was previously employed in a position which required him to report to a professional body, it was very important to ensure that we considered every available option.
Prior to appearing in Court on the day of sentence, we accompanied our client whilst he was assessed for the Drug and Alcohol Assessment Referral (DAAR) course. This course is available if substance use is a contributing factor to the offending. It is a one to two hour drug education and counselling session. Further information on court diversion is available on the Queensland Courts website www.courts.qld.gov.au/services/court-programs.
Mr Browne informed the Magistrate that our client was suitable for the DAAR course and submitted that this would be an appropriate penalty available to the Court.
We made further submissions noting our client’s personal background including his work history and current employment, his lack of any previous criminal history, and acceptance of responsibility for the offence and genuine remorse.
Having considered the submissions, the Magistrate effectively agreed with Mr Browne and placed our client on a bond to be of good behaviour for a period of 3 months with a recognisance of $300.00. No fine was imposed. However, a condition of the good behaviour bond was that our client complete the DAAR course.
If our client breaches the good behaviour bond (for example, by committing another offence or failing to attend the DAAR course), the $300.00 will be forfeited and he could be resentenced for these offences.
When a person is placed on a good behaviour bond, they automatically receive the benefit of having no conviction recorded on their criminal history. In this case, no conviction was recorded for these offences.
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.