The Facts: Client was found by police acting strangely on the balcony of his apartment. Inside his apartment they saw a quantity of ecstasy tablets in the lounge room. Police secured the unit and obtained a search warrant whilst the client was treated in hospital for a psychotic episode due to ingestion of drugs including ecstasy and ‘ice’. The amount of tablets located and the fact that the client lived by himself caused police to charge the client with drug supply for the entire amount of tablets found. The client took part in a record of interview with police indicating that he was going to give a few ecstasy tablets to his friends.
The Result: Based on the extended definition of ‘supply’ under the Drug Use and Trafficking Act, police were entitled to charge the client with supply because of his admission of an intention to give a few tablets to his friends. However, the real question in this matter was whether he was guilty of this minor supply involving a few tablets, or a significant supply involving a much larger number of tablets. The law provides that a person in possession of more than the traffickible quantity of a prohibited drug is deemed to have them for the purpose of drug supply unless they show otherwise.
Ultimately it was shown that the client possessed the majority of the tablets for his own use. He was placed on a Good Behaviour Bond under Section 9 of the Crimes (Sentencing Procedure) Act. A conviction for supply involving all of the tablets would probably resulted in a lengthy prison sentence. Our accredited criminal law specialist quickly took control of the matter and recognized the technical nature of the defence, enabling them to give the matter appropriate preparation and achieve an excellent result.