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No conviction for second drug offence

In January 2023, our client was caught with a bag of cocaine. He pleaded guilty to 1 charge of possess prohibited drug, contrary to section 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW). 

This was the second time that our client had been sentenced for drug possession, which means that ordinarily he would not be entitled to substantial leniency from the Court.

In March 2023, one of our criminal lawyers appeared in the Waverley Local Court for his sentence hearing. At Court, the Magistrate was aware that our client had previously been charged with the same offence and was given a second chance on the last occasion.

However, after lengthy submissions, including about the underlying cause for our client’s offending and his prospects of rehabilitation, the Court ultimately agreed to not record a conviction. 

Instead, the Court placed our client on a Conditional Release Order requiring him to be of good behaviour for 2 years, without recording a criminal conviction.