A client of the The Legal Guy left Waverley Court this week relieved after Magistrate Hudson agreed with our submissions that his charge of possession of cocaine be dismisssed without proceeding to a conviction.
While the drug possession amount was relatively minor, it was important to this client to ensure that he maintained his clean criminal record, and to do so we built a strategy to ensure that everything possible went into ensuring the Magistrate exercised his discretion to not record a conviction pursuant to section 10 of the Crimes (Sentencing) Procedure Act.
This included ensuring that he had proper references for the Court which showed that he had disclosed his actions to important people in his life, showing that he had taken full accountability for his actions.
The Court also noted the parliament's leniency afforded to cannabis users and that there should be some leniency afforded to users of other drugs.
Receiving "a section 10" should never be assumed or taken for granted. It is a discretion of a Magistrate and you should be fully prepared to convince the Magistrate why you are deserving of such discretion.
The Legal Guy aka John Vizzone reguarly appears in drug possession and drug supply matters. If you are interested in him appearing in your matter please contact him by requesting a quote or contacting him.
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