Great Outcome – No Criminal Record for Possessing MDMA, LSD and Ketamine at a Music Festival
- Aug 6, 2019
- 2 min read
Updated: Nov 25, 2020
Our client is a 24 year old man who works in industrial design. When he was 18 years old he received a s10 (non-conviction) for drug possession. Six years later, our client was with mates at a musical festival when he saw the police patrolling for drugs with their drug detection dogs.
Plain clothes police saw our client start running in the opposite direction of the police and they subsequently restrained him. The police searched our client and found 5 MDMA tablets, one LSD tablet and a small amount of Ketamine. He was charged with three counts of possess drug. Our client instructed us to plead guilty to each of the three charges, which was the appropriate plea given the immediate finding of drugs on his person. We helped our client enroll in drug rehabilitation sessions, write an apology letter to the court and obtain character references for his sentence.
He was convicted and fined for each three charges in the Local Court. This was devastating for our client as a criminal record would have a huge impact on his ability to start his own company and travel overseas.
We appealed to the District Court and made extensive submissions as to our client’s good character, acceptance of responsibility, steps taken to address his drug use, his genuine remorse and the impact of a criminal conviction on his work. We persuaded the Judge to give our client another chance, despite receiving a s10 (non-conviction) for the same offence in the past. We persuaded His Honour to not record a conviction against our client’s name and instead place him on a 2 year good behaviour bond without a criminal record. Our client was extremely happy with this outcome and can now focus on building his business.
Partner John Vizzone acted on this case with Isabelle Worrad instructing Counsel on appeal. If you would like an appointment please contact 02 9667 1271 or email law@vrtlawyers.com.au
John Vizzone – Partner
Isabelle Worrad – Criminal Law
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