Solicitors: Bill Potts and Sinead Garland
Court: Southport Magistrates Court
Date: September 2018
Prior to our client’s arrest, our client had been struggling with an addiction to over the counter pain medication containing codeine. When over the counter medication containing codeine become prescription only from 1 February 2018, our client found it very difficult to obtain the medication he was addicted to.
During a visit to his General Practitioner (GP) our client received a genuine prescription. Before going to the pharmacy, our client edited the prescription to include additional medication. When our client handed the prescription to the pharmacist, the pharmacist noticed that the prescription was a genuine script but additional medication had been added. The added medication was seen to be written in different handwriting and a different pen was used. The pharmacist’s observations were confirmed by our client’s GP.
During our first consultation with our client, it was recommended that he seek professional assistance for his drug addiction through the Alcohol and Other Drugs Service (AODS) on the Gold Coast. We advised that not only was it important for him to get professional help for his addiction, it was also important for the court to know that he was making proactive steps towards rehabilitation in his sentence hearing.
Our client voluntarily registered himself for the Queensland Opiate Treatment Program provided by AODS and was a compliant participant for a period of 2 months at the time of his sentence hearing.
Our Bill Potts, instructed by our Sinead Garland, made both oral and written submissions to the court which highlighted our client’s lack of criminal history, his strong efforts towards rehabilitation and his commitment to undergo further counselling.
Our client received a $500.00 fine at his sentence which was referred to the State Penalties Enforcement Registry (SPER) for collection. Our client also received the benefit of not having a conviction recorded.
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.