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No Criminal Record for ‘Deemed Supply’ of 15 Ecstacy Tablets

RELATED TO: Drug Supply, Drug Possession, Deemed Supply, Drug Offences, Penalties for Criminal Offences, NSW Penalties for Criminal Offences
CRIMINAL CASE

Our client is a 24 year old student who was found to be in possession of 15 ecstasy tablets.

During the police interview, he admitted intending to supply the tablets to his friends once they were all together inside the hotel they were intending to meet.

Police charged our client with ‘deemed supply,’ alleging that he was in possession for the purpose of supply, as the current definition of supply extends to an intention to supply. The offence carries a maximum penalty of 15 years imprisonment and/or a fine of $220,000.

Despite our client’s admissions, we successfully persuaded police to withdraw the supply charge on condition he pleads guilty to the lesser charge of drug possession; which carries a maximum penalty of two years.

Our client entered a plea of guilty to that charge and we assisted him to prepare a range of subjective materials, including a letter of apology, character references and a letter from a psychologist.

Due to the number of tablets, the Local Court magistrate imposed an 18 month good behaviour bond on our client under ‘section 9’ of the Crimes (Sentencing Procedure) Act – which comes with a criminal record.

We appealed the severity of the penalty to the District Court, where we ultimately persuaded the judge to deal with our client ‘without conviction’. He is now free to pursue his future career in accounting without the obstacle of a criminal record.

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