Solicitors: Bill Potts and Sinead Garland
Court: Southport Magistrates Court
Date: September 2018
Our client was pulled over by police while riding his bicycle without a helmet and asked to produce identification. When our client attempted to retrieve his identification from his back pack, the police noticed a flick knife tucked into his waistband (possession of a knife in a public place). Consequently, our client was detained for a search. During the search, the police located 2 clip seal bags containing approximately 5 grams of cannabis (Possession of a dangerous drug), a 40-50cm machete in a sheath (possession of a knife in a public place) and a debit card and a fuel card belonging to a different person (Possession of tainted property).
Our client had four previous entries on his criminal history for possessing dangerous drugs. He had previously received fines for these offences and on one occasion was required to complete the Drug Diversion Assessment Program, which he completed. For each of these offences, our client had received the benefit of not having a conviction recorded. Our client had a substantial traffic history which included 6 demerit point suspensions over a 12 year period.
One month prior to these offences, our client was charged with driving without a licence. He had been previously disqualified by the Southport Magistrates Court and had received a 6 month disqualification. As a direct result of driving whilst disqualified, a court must disqualify a licence for a minimum period of 2 years and a maximum period of 5 years, with absolutely no discretion to reduce the period of disqualification below 2 years.
Ms Garland appeared on sentence and made submissions regarding our client’s remorse and the impact a recorded convictions would have upon on his future.
Ultimately the court accepted Mr Garland’s submissions. Our client was fined $400 (in total) for the criminal offences and no conviction was recorded. With regards to the traffic offence, our client’s licence was disqualified for the statutory minimum period of 2 years.
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.