The Court: Melbourne Magistrates Court
The Lawyer: Lucy Massouras
The Charges:
The Allegations:
The client was charged with possession of several high-end party drugs, including ecstasy, ketamine and cocaine. The client also had a prior history of drug possession and trafficking.
The client was approached by the police while walking through the Melbourne CBD and searched due to exhibiting suspicious behaviour.
During the search, police officers located several small individually wrapped packages of white powder, which later tested positive for cocaine, ketamine and cannabis. The drugs were found concealed in his clothing.
Upon questioning, the client made full admissions to the police. He denied any intention to sell the drugs, instead stating that they were for personal use. He explained that he had been struggling with mental health issues and using substances as a way to cope with stress and anxiety.
The client was arrested and charged with three counts of possession of a drug of dependence.
During the initial consultation with our solicitor, the client was referred to engage with a drug and alcohol counsellor and directed to undergo regular urine screens before the court hearing.
At Court:
At the court hearing, a guilty plea was entered. The drug and alcohol counsellor provided a letter in support of our client, and the clean urine screens were tendered to demonstrate that the client had no longer been using drugs. The Magistrate adjourned the proceedings to allow the client more time to continue engaging in his counselling sessions.
When the matter returned to court, our solicitor updated the Magistrate on the client’s counselling sessions, and further clean urine screens were tendered. Submissions by our solicitor were made to the court that the client had a drug habit, given the current offending and his prior history; however, he had taken steps to address these issues, particularly his substance use and mental health. Our solicitor further submitted that the client had actively engaged in services to assist his rehabilitation.
The Outcome:
Upon considering the material tendered to the court and our solicitor’s submissions, the Magistrate imposed a moderate fine of $850 without conviction. The client was thrilled with the outcome of his matter and, more importantly, with the fact that he avoided a conviction on his record.
