First Offender Case Study – Possession Of Cocaine

First Offence Legal recently represented a client who was charged with an offence of possess prohibited drug. The client was a 28-year-old man who had no criminal convictions on his record. He had never appeared before the courts before. Unfortunately for our client, a conviction would place his employment in jeopardy.

The Facts

The police attended the Coogee Bay Hotel after the manager called them after kicking out a group of unruly and intoxicated males onto the street. It appeared that the group of males were on the street acting aggressively to passers-by. Police located the group of males and began to obtain the details of the group. A witness notified the police that the males were seen recently snorting an unknown substance off the bonnet of a nearby car.

On this basis, police subjected the group of males, including our client, to a search. During the search, police found a clear, resealable bag of white powder. Our client was cautioned and placed under arrest. The bag was seized and weighed to a total weight of 0.8 grams.

The Offence

An offence of possess prohibited drug carries a maximum penalty of 2 years imprisonment and/or a fine of $2,200.

In the 4-year period between April 2014 and March 2018, first offenders received a dismissal without conviction 12.5% of the time, a non-conviction bond 68.1% of the time, a conviction and a fine 18.8% of the time, and a bond with a conviction 0.5% of the time.

The Result

This was perhaps a less serious example of a drug possession charge. The amount of the drug found was very small. However, just because the amount of the drug found is small does not mean that you are guaranteed to not receive a conviction even if you are a first offender.

Our preparations here focused on establishing the appropriate balance having regard to the seriousness of the charge, the paramount considerations of the Court, and our client’s compelling subjective case. Our client was able to demonstrate his remorse and a strong support network of family and friends.

Fortunately for our client, the Magistrate came to accept that this was an error in judgment on the part of our client and an isolated occurrence. The Magistrate imposed a Conditional Release Order for a period of 12 months without proceeding to a conviction. This result meant that the sentence imposed did not affect his employment, and he could move forward in his life without a drug related criminal conviction.