Police saw our client outside the area of the Mardi Gras After Party. He appeared to receive and place a package down his gold spandex shorts. Police let his friends go but searched him and found a package of 14 tablets, another package of 28 tablets and a couple of vials of GBL. The client told police that the larger number of tablets had been given to him by a man that he knew so that he could convey them into the venue via a staff entrance. He admitted possession of the remaining drugs for his own use. He took part in a record of interview (ERISP). He showed police his phone with a text message from the true owner of the drugs. The potential penalties for drug supply matters include lengthy imprisonment. In our view, the supply charges could not be sustained.
The sensible thing for the prosecution to do would have been to accept a plea to drug possession charges for the personal use tablets, the GBL for personal use with an offer that the client had made to assist the police – if they wanted. In the situation where our client was merely a bailee of the drugs for the true owner, he should have been charged with possession rather than supply. Police were entitled to charge with supply because the client had in excess of the traffickible quantity – but common sense has to prevail at some time.
On the day of trial, the Crown prosecutor finally offered to accept a plea of guilty to the drug possession matters. This was something that we offered to plead guilty to one year before – in writing – on three occasions!
The client was placed on good behaviour bonds. He was very relieved and happy at the result.