Drug Offences | Newcastle & Central Coast Lawyers

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S10(1)(a) – Dismissal & CRO: 12 months, no conviction | Possess prohibited drug (cannabis and cocaine) | Gosford Local Court

Our client is a 22-year-old male who lives on the Central Coast. He is completing an apprenticeship and has worked for the same employer for 4 years.

Our client attended a 4-day music festival with friends. While at the festival, our client bought some illicit drugs and was subsequently caught by Police and charged with 2 counts of possession.

Solicitor Denise McCarthy attended Gosford Local Court and made submissions in mitigation of the penalty. Emphasis was placed on the fact that this was our client’s first offence, his supportive character references, and that his rehabilitation prospects were positive. The Magistrate saw it fit to dismiss the cannabis possession charge against our client and sentenced our client to a 12-month Conditional Release Order without conviction for the cocaine charge.

A charge dismissal under s10(1)(a) is not a common occurrence. Solicitor Denise McCarthy secured a fantastic result for our client in the circumstances, allowing our client to maintain a clear criminal record.

Possess Prohibited Drug & Custody of a Knife | Charges Withdrawn by way of Caution | Wyong Children’s Court

Our client is an 18-year-old male who lives with his mother, stepfather and two younger brothers. At the time of the offence, our client was 17 years old and, as such, considered a Young Person.

Our client was found with others in a car parked in a sports oval that has a reputation as a drug hotspot on the Northern End of the Central Coast. Police attended to the vehicle and requested to search it. The Police found a bag of cannabis and a 23cm folding knife in a backpack that our client claimed belonged to him.

Our client attended Wyong Police Station with solicitor Kevin Vierboom where he was charged with Possess Prohibited Drugs and Custody of a Knife in a Public Place. The offence of Possess Prohibited Drug carries a maximum penalty of 2 years imprisonment and/or a $2,200 fine. Custody of a Knife offence carries a maximum penalty of 2 years imprisonment and/or a $2,200 fine.

Representations were made and accepted by the Police. Our client then attended Wyong Police Station with solicitor Erin Nulty where he completed the caution process. By completing the caution process, Miss Nulty was able to seek an adjournment to have the charges formally withdrawn.

Our client was thrilled with the outcome and the avoidance of a juvenile record.

Suspended Sentence – 17 Criminal Charges – Wyong Local Court

Our Client, a male who lives on the Central Coast, was charged with a total of 17 criminal offences, including drug offences, firearm and weapon offences, goods in personal custody suspected of being stolen and a traffic offence. After extensive negotiations, the Police withdrew 7 of the 17 charges and our client was directed to Community Corrections for a Pre-Sentence Report.

When the matter returned to Court, solicitor Kevin Vierboom made submissions concerning the objective seriousness of the charges and the subjective circumstances in mitigation of the sentences. Following consideration of these submissions, the Magistrate ordered a twelve-month Suspended Sentence on the condition that our client enters into a Good Behaviour Bond. Our client was very relieved at the outcome, considering the number of serious offences he was charged with.

Section 10(1)(b) – Unlawfully obtained goods (personal custody) and 5 x possess/attempt to, prescribed restricted substance – Gosford District Court. 

Our client, a 40-year-old male, charged with unlawfully obtained goods (personal custody) and 5 x possess/attempt to, prescribed restricted substance. The maximum penalties for these offences are a fine of $550.00 and 6 months imprisonment, and a fine of $2,200.00 and 2 years imprisonment, respectively. Solicitor Kevin Vierboom made representations to the Police, who withdrew 4 out of the 5 charges of possess/attempt to prescribed restricted substance.

The Local Court Magistrate convicted our client and ordered 2 x $400.00 fines. Our client’s reputation and profession as a nurse would have been severely affected with a criminal conviction, so he asked us to lodge a severity appeal in the District Court. Our client had suffered an assault before being charged, which caused back pain, anxiety, depression and post-concussion syndrome, a form of traumatic brain injury (TBI). It was also discovered that the TBI was the probable cause for our client’s behaviour which led to the charges.

Our Solicitor made extensive submissions in relation to the injury, our client's employment and previous good character. Following these submissions, the Judge dismissed the charges and ordered a Good Behaviour Bond for a term of 18 months under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Section 32 – drive vehicle under the influence of drugs 1st off, 2 x possess prohibited drug – Sydney Downing Centre Court.

Our client, a 39-year-old male who lives on the Central Coast, was charged with drive a vehicle under the influence of drugs 1st off and 2 x possess prohibited drugs. The maximum penalties for these offences are 9 months imprisonment, a fine of $2,200.00 and an automatic licence disqualification for the period of 12 months, and 2 years imprisonment and a fine of $2,200.00, respectively. Our client served in the Australian army overseas. Our client suffers from Post Traumatic Stress Disorder (PTSD) and anxiety due to the trauma he experienced in the army. These mental health conditions influenced our client’s offending behaviour; our client is otherwise a person of good character.

Our Solicitor and Counsel, Justine Hopper, worked together in this matter. Counsel made extensive submissions with regard to the objective seriousness of the offence, the need to protect the community from further criminal conduct and our client’s subjective circumstances, including his mental health concerns.

The Magistrate was of the view that the matter should be dismissed and ordered that our client be discharged into the care of his doctor in accordance with section 32 of the Mental Health (Forensic Provisions) Act 1990. There was no finding of guilty and no criminal conviction recorded

Our client was a 23-year-old female. She was charged with possessing a prohibited drug at a music festival. The client was facing an automatic a $2,200 fine and/or a 2-year term of imprisonment. Due to the number of tablets she was found with, she was most fortunate not to be charged with supplying drugs, which carries heavier penalties.

Our client works in childcare and is also studying. With a conviction, she faced the possibility of losing her job. Our client was sentenced by Magistrate Day at Gosford Local Court where solicitor Kevin Vierboom argued for a Section 10 which meant our client would receive no penalty.

Magistrate Day took into account our client's youth, her personal circumstances, her previous good character, her contribution to the community and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on her criminal record and placed our client on a 2-year good behaviour bond.

Our client was relieved to achieve a section 10. She was able to keep her job, continue her studies and plan for an overseas trip.

Our client was a 28-year-old male. He had no prior criminal convictions. He was charged with possessing a prohibited drug at a music festival. The client was facing an automatic $2,200 fine and/or a 2-year term of imprisonment. 

Our client was a tradesman and had planned to apply for a home builder's licence. With a conviction, our client would find it more difficult to obtain this licence. Our client has also planned an overseas holiday with his girlfriend and was concerned that he would be prohibited from obtaining some overseas visas. He was sentenced at Gosford Local Court by Magistrate Day, where our solicitor argued for a Section 10 which meant our client would receive a penalty or conviction on his criminal record.

Magistrate Day took into account our client's strong work ethic, his plans to travel overseas the effect a conviction would have on his career, his previous good character and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction and placed our client on a 6-month good behaviour bond.

Our client was genuinely grateful to achieve a section 10. He can now look forward to a bright future and he and his girlfriend can travel freely overseas without concern.

CRO – 24 months | Cultivate prohibited drug (marijuana) | Gosford Local Court

Our client is a 36-year-old male who lives on the Central with his wife and 3 children. He is employed by a subsidiary of a large Australian bank.

Police attended his property to investigate the presence of an illicit drug being cultivated on our client’s property. Our client was at work at the time, however, on inspection, Police found 6 plants of cannabis being cultivated in the backyard.

Police contacted our client and he admitted the plants were his, stating they were more of an experiment than anything else. Our client mistakenly believed he was legally permitted to grow a small quantity.

Police charged our client with cultivate prohibited plant which has a maximum penalty of 2 years imprisonment and/or a $5,500 fine.

Principal Solicitor Kevin Vierboom attended Court and made submissions to mitigate our client’s penalty. Our client’s stable domestic and work life was put forward, as well as his clean criminal record to date. The Magistrate considered the criminal process to be a lesson to our client and sentenced him to a 24-month Conditional Release Order, with no conviction.

As a conviction would have impacted our client’s employment, our client was very pleased with the result.

12-month CCO, $400 fine & 3-month ICO | Possess /cultivate/supply prohibited drug/deal with proceeds of crime | Wyong Local Court 

Our client is a 40-year-old male who lives on the Central Coast.

Police issued a search warrant to inspect his property and found some cannabis plants at the rear of the property. Police also seized cash, resealable bags, scales and mobile phones.

Our client made admissions to the police about purchasing cultivation equipment for growing cannabis (specifically cannabinoid oil) to treat his mother, who had cancer.

Principal Solicitor Kevin Vierboom attended Wyong Local Court. He made submissions to the Magistrate who sentenced our client to a 12-month Community Correction Order for the possess prohibited drug charge and a fine of $400 to the possess prohibited plant charge. For supply, cultivate and deal with proceeds of crime charges, our client was sentenced to a 3-month Intensive Corrections Order.

Our client was relieved at the outcome given the maximum penalties include 3 years imprisonment and an $11,000 fine.

Section 10(1)(b) - Possess prohibited Drug (Cannabis & Methamphetamine) - Wyong Local Court. 

Our client was a 35-year-old female who lives on the Central Coast. She is a qualified childcare worker who would be unable to work with a criminal record. Our solicitor entered negotiations with the police to amend the facts and made a strong case in his submissions to the Magistrate.

Our client was able to retain her previously unblemished record and is now able to continue her career in childcare and carry out her other business interests with her head held high.

Possess & Supply Prohibited Drug | CCO (18 Months) | Gosford Local Court

Our client is a 20-year-old male who lives with his mother and sister on the Central Coast. Our client works as a plumber.

Our client had prior convictions for drug possession, low range PCA and larceny.

During a night out in Erina, our client and his friends decided to buy some MDMA to share. A security guard noticed that our client has something which he suspected to be drugs under his leg. Police were called, and our client was found to have 28 pills of MDMA. He was charged with Possess and Supply Prohibited Drug >indictable &<commercial quantity T1.

The maximum penalty for Possess Prohibited Drug is 2 years imprisonment and/or a fine of $2,200. The maximum penalty for Supply is 2 years imprisonment and/or a fine of $11,000 in the Local Court and 15 years imprisonment and/or a fine of $220,000 in the District Court.

Solicitor Denise McCarthy managed to keep the matter in the Local Court and asked that our client be afforded the chance to complete MERIT. The Magistrate agreed and our client partially completed the program.

Considering our client’s prior criminal history and the non-completion of Merit, he had a strong chance of going to jail. However, with the aid of strong submissions, supporting material and a positive sentencing assessment report, our client was sentenced to an 18 month Community Corrections Order and given a second chance to turn his life around.

Possess Prohibited Drug & Custody of a Knife | Charges Withdrawn by way of Caution | Wyong Children’s Court

Our client is an 18-year-old male who lives with his mother, stepfather and two younger brothers. At the time of the offence, our client was 17 years old and, as such, considered a Young Person.

Our client was found with others in a car parked in a sports oval that has a reputation as a drug hotspot on the Northern End of the Central Coast. Police attended to the vehicle and requested to search it. The Police found a bag of cannabis and a 23cm folding knife in a backpack that our client claimed belonged to him.

Our client attended Wyong Police Station with solicitor Kevin Vierboom where he was charged with Possess Prohibited Drugs and Custody of a Knife in a Public Place. The offence of Possess Prohibited Drug carries a maximum penalty of 2 years imprisonment and/or a $2,200 fine. Custody of a Knife offence carries a maximum penalty of 2 years imprisonment and/or a $2,200 fine.

Representations were made and accepted by the Police. Our client then attended Wyong Police Station with solicitor Erin Nulty where he completed the caution process. By completing the caution process, Miss Nulty was able to seek an adjournment to have the charges formally withdrawn.

Our client was thrilled with the outcome and the avoidance of a juvenile record.

Suspended Sentence – 17 Criminal Charges – Wyong Local Court

Our Client, a male who lives on the Central Coast, was charged with a total of 17 criminal offences, including drug offences, firearm and weapon offences, goods in personal custody suspected of being stolen and a traffic offence. After extensive negotiations, the Police withdrew 7 of the 17 charges and our client was directed to Community Corrections for a Pre-Sentence Report.

When the matter returned to Court, solicitor Kevin Vierboom made submissions concerning the objective seriousness of the charges and the subjective circumstances in mitigation of the sentences. Following consideration of these submissions, the Magistrate ordered a twelve-month Suspended Sentence on the condition that our client enters into a Good Behaviour Bond. Our client was very relieved at the outcome, considering the number of serious offences he was charged with.

Possess prohibited drug | Conditional Release Order without conviction 24 months | Gosford Local Court

Our client is a 20-year-old male who lives in Erina.

Police were conducting proactive patrols on Anzac Day when they saw our client’s vehicle parked with its headlights on. They approached our client to conduct a random breath test and allegedly smelled marijuana coming from the car. The breath test was negative but our client stated he was in possession of two bags of marijuana.

Out client was found to have 20.73 grams of marijuana on him, which was said to be for personal use.

At court solicitor Luke Del Monte cited our client’s struggles with mental illness. This was exacerbated by a shortage of psychologists due to COVID-19 and resulted in self-medication of marijuana.

Our client sought additional professional health care after his arrest and had been on a mental health plan since 2019.

The Magistrate accepted our client’s battle with mental health had played a role in the offending behaviour and mental health sources had been limited due to COVID-19.

The Magistrate sentenced our client to a Conditional Release Order without conviction for 24 months.

Our client was thrilled with this result.

Multiple Offences – Imprisonment and Fines – Wyong Local Court

Our client is a 23-year-old male who resides on the Central Coast.

At the time of the committed offences our client was talking on the phone to his co-accused, his phone had been lawfully intercepted by Tuggerah Lakes Drug and Anti-Theft Unit which was investigating prohibited drugs early in 2021.

Our client was arrested for three counts of supplying a small amount of the prohibited drug ice as well as possessing a firearm. He was refused bail at court.

Our client entered early guilty pleas for most of the offences. At the sentencing hearing solicitor Luke Del Monte cited our client’s limited criminal history and his prospects of rehabilitation due to various factors such as time spent in custody. Our client was also extremely remorseful of his actions, which was supported by his letter of apology as well as his references.

The Magistrate accepted our client’s prospects for rehabilitation, sentencing him to two terms of imprisonment for charges of possessing a firearm (12-months), and supply of prohibited drug (6-months), both of which were back dated to early December 2021. Our client was fined $500 for possessing a knife and $500 for possession of a prohibited drug.

Our client was pleased with this result after Luke had explained the outcome to him.