Drugs Matter at Geelong Magistrates Court
Charges:
- Trafficking Cannabis – Drugs Poisons and Controlled Substances Act – s 71AC – 15 years maximum
- Cultivate Cannabis – Drugs Poisons and Controlled Substances Act s 72B – 15 year maximum because charged with trafficking as well
- Possess Drug of Dependence – Drugs Poisons and Controlled Substances Act – s 73 – 400 penalty units or 5 years imprisonment (withdrawn in the alternative)
- Deal with proceeds of crime – s 195 Crimes Act
- Possess Controlled weapon without lawful excuse – Controlled Weapons Act s 6(1)
- Possess Controlled weapon – Controlled Weapons Act s 6(1)
Facts:
Our client was a 22 year old young man from Geelong with no criminal priors. At the time of the offending he was living with a close family member. The house was raided by the police who were in possession of a warrant which allowed them to lawfully do so. The police found a grow room located in a spare bedroom where they located 5 cannabis plants in pots, dried cannabis hanging from the roof in a bathroom, 1 x snap lock bag containing cannabis and 1 x plastic container containing cannabis. Our client’s phone was also seized by the police and various text messages were located on his phone which assisted the prosecution’s case that our client was trafficking the cannabis that he was growing. The police also located cash in the premises which our client did not have an explanation for as he was not working at the time of the offending. The total amount of cannabis found was 30 grams which did not include the cannabis plants.
In addition to the drug charges our client was found in possession with 2 knives (a flip knife and a machete).
Our Geelong Criminal Lawyers had their work cutout for them. To our client’s credit, and on advice, following the offending he abstained from drug use and attended drug and alcohol counselling. We were able to provide evidence supporting this submission to the Court which certainly went in his favour.
Result:
Our client had no conviction recorded against his name and was placed on an adjourned undertaking for a period of 12 months in the sum of $400.00 with the condition that he continue drug counselling for the duration of the undertaking. Given the serious nature of the charges this was an exceptional result in the circumstances and our client was extremely lucky to avoid a criminal conviction.
