Our client was charged with trafficking drugs of dependence and evading police following a police raid on her house where human growth hormones, cocaine and MDMA were located. She arrived home and was directed to stop by police, but continued to drive away from them. She was granted bail with strict conditions in the Magistrates’ Court after being remanded in custody by police following her arrest.
Through close analysis of the drugs, poisons and controlled substances act, Louis Dean identified that a number of substances which were alleged to be drugs of dependance were not classed as such under the schedule. As a result, it was quickly ascertained that the trafficking charges could not proceed and would need to be withdrawn. At our client’s first mention hearing, the trafficking charges were withdrawn, and our client’s bail varied to remove the majority of bail conditions.
Through further negotiation, police eventually agreed to withdraw some of the remaining charges and recommend our client as suitable for Diversion. As she had been unable to work during the period of the case due to her pending charges, it was argued that Diversion was critical in our client’s case so that she could return to work, and that the Diversion period be as short as possible.
With the case properly prepared so that our client’s situation was clearly conveyed to the court, and due to a number of charges being withdrawn, our client was granted a 1-month Diversion. She completed the Diversion and all charges against her were struck out.
This was an excellent result for a person who had initially been remanded in custody and charged with trafficking. At the conclusion of the Diversion, she was able to continue in her employment with no criminal history.
Thorough analysis of the law relating to drugs and controlled substances, as well as an understanding of criminal procedure and how it can impact on a person’s employment, were critical in achieving this outcome.