Author: Phillip Gibson
Kogarah Local Court
Represented by Solicitor: Phillip Gibson, Accredited Specialist Criminal Law
Case Facts – Our client was detected by Police driving whilst using a mobile phone, and was stopped for the purpose of being issued with a ticket. During this stop, the Police observed our client to be highly agitated and nervous. Whilst being questioned by Police, a small tin fell from our client’s trousers, which made the Police suspect that our client was in possession of drugs. In opening the tin, the Police found 18 small bags which contained a white powdery substance. This substance was analyzed, and found to be heroin. Our client was charged with Supplying a Prohibited Drug.
Case Result – Our client had 4 previous convictions for drug offences, and was therefore in significant danger of going to gaol. However, the nature of the supply that our client was engaged in was not for a commercial purpose, nor was it for profit. At the time of the offence, our client had a severe drug dependency, and was intending to supply the heroin only to other friends who had a similar dependency, essentially for social purposes only. It was therefore submitted that our client was not engaged in substantial supply. It was also submitted that our client had made a genuine effort at rehabilitating himself since being charged with this offence. He had undergone counseling and remained abstinent from drugs for some 12 months since being charged, and it was therefore proposed that he was an ideal candidate for a supervised good behaviour bond, rather than gaol. The Magistrate agreed, and rather than gaoling our client, placed him on a seven month suspended sentence, conditioned on continuing his efforts at rehabilitation.