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PUBLICATION

Successful Outcome for Supply Prohibited Drug

Successful Outcome for Supply Prohibited Drug

 

Our solicitor, Nicholas Hardy, represented a 25-year-old male at Windsor Local Court on 20 May 2021 in relation to the following charges:

1. Supply of prohibited drugs pursuant to Section 25 (1) of the Drug Misuse and Trafficking Act 1985.

2. Possess or use a prohibited weapon without a permit pursuant to Section 7 (1) of the Weapons Prohibition Act 1998.

3. Possess a prohibited drug pursuant to Section 10 (1) of the Drug Misuse and Trafficking Act 1985.

The case involved our client being randomly breath tested whilst driving on Hawkesbury Valley Way, he was the only person in the vehicle. Upon being breath tested, our client disclosed his identity to the Police who became suspicious of our client’s demeanour and suspected he may have been in possession of prohibited drugs. Ssubsequently, the NSW police conducted a search of our client’s vehicle.

During the search NSW Police found a small sum of money and approximately 19 grams of Cocaine in a large resealable bag, of which included 3 grams of cocaine in small resealable bags, and a black knife disguised as a credit card. Our client was subsequently placed under arrest and charged accordingly.

After undertaking negotiations with the NSW Police, our client entered a plea of guilty to Supply Prohibited Drug and Possess prohibited Weapon and on this basis the NSW Police withdrew Possess Prohibited Drug.

On sentence, Nicholas Hardy gave persuasive submissions regarding our client’s lack of involvement in the commercial supply of prohibited drugs and excellent personal circumstances, of which resulted in the Court imposing a Community Correction Order (CCO) pursuant to section 8 of the Crimes (Sentencing Procedure) Act 1999 for Supply Prohibited Drug and a $300 fine for Possess Prohibited Weapon.

The results were achieved by thoroughly and properly preparing our client’s case. We paid careful attention to the circumstances of the offence as well as our client’s personal circumstances. Nicholas also ensured there was sufficient evidence to support that our client was an otherwise good person and committed to his own rehabilitation by fully participating in the Magistrate Early Referral into Treatment (MERIT) Program.

This case illustrates the importance of experience and excellent representation. Nicholas ensured his case was prepared and presented in a way that ensured the Court considered all relevant circumstances in favor of our client on sentence.

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