Specialist Drug Lawyers
Defending Drug Cases is All We Do
Experienced in Drug Cases
Thousands of Satisfied Clients
Outstanding Track Record
Exceptional Results in Drug Cases
Defending Drug Cases is All We Do
Thousands of Satisfied Clients
Exceptional Results in Drug Cases
In Downing Centre District Court, Sydney Criminal Lawyers® obtained a ‘Section 10’ (no conviction) for a 22 year old Carramar man who pleaded ‘guilty’ to possessing 7 ecstacy tablets at Sydney’s ‘Future Music Festival’.
The Presiding Judge was persuaded to allow the man to remain ‘conviction free’ as any conviction may have resulted in him losing his job.
Sydney Criminal Lawyers® convinced the Presiding Magistrate in Downing Centre Local Court not to record a conviction against a 33 year old St Leonards man who pleaded ‘guilty’ to possessing 5 ecstacy pills, despite him already having a ‘Section 10’ in 2004 and a criminal conviction in 2006.
Our client attended counselling, wrote a ‘letter of apology’ and obtained references in the lead-up to his case, and submissions were made to the Magistrate about the effect of a ‘drug conviction’ on his job prospects.
After convincing the DPP to drop charges of ‘drug supply’ and ‘good in custody’, Sydney Criminal Lawyers® obtained a ‘Section 10’ (no criminal conviction) for our 20 year old Artarmon client who then pleaded guilty to a single charge of ‘possessing’ an indictable quantity of ecstacy tablets.
He is studying Civil Engineering and a criminal record may have impacted upon his future job prospects.
Drug Supply & Drug Possession charges were Dismissed in Downing Centre Court after the Magistrate found there was insufficient evidence to prove that our 22 year old client supplied or possessed drugs.
Police officers gave evidence in court that they were certain our client threw 2 bags of cocaine into a bush as they approached him with a sniffer dog.
Our client denied the allegation and the Magistrate found that another person may have possessed and discarded the drugs.
After having a charge of ‘deemed supply’ withdrawn, Sydney Criminal Lawyers® obtained ‘Section 10s’ (no convictions) for our 51 year old client who then pleaded guilty in Downing Centre Local Court to possessing 12 ‘Ecstacy’ Tablets and a quantity of Ketamine.
Our client had no previous criminal convictions.
No conviction was imposed upon our 23 year old Clovelly client for possessing 4 tablets of ‘Ecstacy’ and 9 tablets of ‘Amphetamines’.
He was initially charged with ‘drug supply’ due to the number of pills, but Sydney Criminal Lawyers® had the supply charge withdrawn and replaced with ‘possession’ charges.
He then pleaded ‘guilty’ to possession and was dealt with under ‘section 10’ (no criminal conviction).
He is undertaking the final year of his law degree and had completed the MERIT Drug Program in the lead-up to his sentencing.
Sydney Criminal Lawyers® obtained ‘suspended sentences’ in Downing Centre District Court for our 27 year client who was caught under surveillance supplying 1000 ecstasy tablets and 79 grams of ‘ice’, and pleaded guilty.
The exceptional result was achieved by initially convincing the court to grant a lengthy adjournment – which is called a ‘section 11 bond’.
This allowed our client to complete 9 months of rehabilitation at Odyssey House.
He then started teaching others at that rehabilitation centre and continued his outpatient treatment.
Our client has come a very long way towards overcoming his underlying drug addiction and intends to eventually start his own landscaping business.
Sydney Criminal Lawyers® obtained bail in Central Local Court for a 26 year old man charged with having 4.75kg of imported Cocaine, which is an offence carrying a maximum penalty of life imprisonment and a ‘presumption against bail’.
In Parramatta District Court, Sydney Criminal Lawyers® had all charges dismissed against a 26 year old man accused of supplying ‘ice’ and ‘ecstacy’ on an ‘ongoing basis’.
This result was obtained despite there being police surveillance and telephone intercepts allegedly establishing that our client supplied the drugs on at least 12 occasions over nearly 6 weeks.
Sydney Criminal Lawyers® obtained a ‘Section 10’ (ie no criminal conviction) for a 30 year old man after persuading police to reduce a charge of ‘supply prohibited drug’ to ‘possess prohibited drug’ and then convincing the Magistrate that a criminal conviction would impact negatively on his employment prospects.
In Parramatta Court, Sydney Criminal Lawyers® had all drug charges dismissed for a 26 year old man found with ‘ecstacy tablets’ and ‘ice’ in his bedroom draw, on the basis that police could not prove ‘exclusive possession’.
Police were then ordered to pay our client’s legal costs because they failed to properly investigate the possibility that the drugs may have belonged to his girlfriend, who was staying in the same room at the time.
Sydney Criminal Lawyers® had all drug supply and possession charges dismissed in Downing Centre Court by arguing that the police search of our client’s car was illegal.
Our client was driving his vehicle in Ultimo when police pulled him over for a random breath test.
Police claimed that while approaching the car, they observed our client lean over in a manner consistent with placing an item underneath the passenger seat.
They asked him “what did you just put under the seat” to which he replied “nothing”. Police administered a breath test which came back negative.
Police then advised they suspected our client of being in possession of drugs. They searched the car and located a small resealable bag containing 12 ‘ecstacy’ pills under the passenger seat.
They charged him with drug supply (deemed) due to the number of pills found and also with drug possession.
During the hearing, it was argued that simply observing a person lean over is insufficient by itself for police to form a reasonable suspicion in order to search the car. Indeed under cross examination during a voire dire (a hearing within a hearing), the officers admitted not being able to see any item in our client’s hand but simply seeing him momentarily lean over. It was also established the officers could not have had a clear view of this from their position.
The magistrate accepted that argument and found the ensuing search was illegal. She applied section 138 of the Evidence Act to exclude the evidence of drugs found after the search, and dismissed both charges.
The case serves as a reminder that a ‘reasonable suspicion’ must be ‘more than a mere possibility’ and based upon solid grounds; as per the leading case of R v Rondo.
Our clients (two men and a woman) were travelling to the ConFest Festival in the ACT when their car was stopped and searched by police.
Police found 5.5g of liquid LSD, 1 sugar cube of LSD, 4 MDMA/ecstasy pills and 2 grams of cannabis after a drug detection dog alerted them to the presence of drugs within the vehicle.
When questioned by police, our clients said that the drugs were for personal use only. Consequently, two of our clients were charged with two counts of ‘drug possession’ for the LSD and MDMA, while the third was charged with ‘possession of cannabis.’
They were represented by another law firm in the Local Court, where they were convicted of all charges and received heavy fines.
Unhappy with this result, they then contacted Sydney Drug Lawyers and explained their case to Mitchell Cavanagh, one of our expert senior drug defence lawyers.
Mr Cavanagh lodged an appeal against their sentence in the District Court, arguing that it was too harsh. He subsequently obtained ‘section 10s’ for each of our clients – meaning that they did not receive convictions on their criminal records and avoided the heavy fines originally imposed by the Local Court.
Mr Cavanagh was able to obtain this outstanding result by presenting evidence in court to show that ‘section 10s’ are able to be awarded even in serious drug cases which involve large quantities of different drugs and numerous charges.
Thanks to Mr Cavanagh’s expert knowledge of drug law and his excellent advocacy skills, our clients were able to get on with their lives without worrying about the impact of a criminal record.
This case shows how valuable it can be to have a specialist drug lawyer on your side – our in-depth knowledge of drug law, coupled with our experience defending these types of cases allows us to obtain excellent results when other law firms are unable to do so.
Our client was a 24 year old woman who attended the Stereosonic Music Festival in Sydney. She was charged with two counts of ‘drug possession’ and one count of ‘drug supply’ after police allegedly saw her selling ecstasy pills at the festival.
After searching her, police found 16 ecstasy pills which weighed 5.44 grams in total, as well as a capsule containing amphetamines.
Due to the large quantity of drugs, the matter had to be heard in the District Court.
Despite the prosecution having a strong case for ‘actual supply,’ our expert criminal lawyers were able to persuade the prosecution to amend the facts so that she was charged with ‘deemed supply,’ which is a much less serious charge that carries lesser penalties.
Our client then pleaded guilty to one count of deemed supply.
Sydney Drug Lawyers then put our client in the best possible position before her sentencing date by helping her collect character references and encouraging her to attend counselling.
We then worked hard to persuade the court to deal with the matter by way of a ‘section 10,’ which meant that our client avoided having a conviction recorded on her criminal history and did not have to pay heavy fines.
Our client was then able to continue her job as a Project Analyst without worrying about how a criminal record could affect her job.
This was an excellent result given the seriousness of the charges and the large amount of drugs involved. Again, it demonstrates how valuable it is to have a specialist drug lawyer on your side who will ensure that you get the best possible result in your drug case.
Our client was a 42 year old man who was charged with drug supply.
Police alleged that he was part of a criminal syndicate that was involved in supplying heroin and ecstasy.
They began a surveillance operation in May 2013 and obtained evidence including phone intercepts and video surveillance which showed that our client sold drugs on behalf of others who were higher up in the syndicate.
Our client, along with two others allegedly involved in the syndicate, was charged with numerous drug offences including ‘drug supply’ for heroin.
Despite the strong evidence obtained by police and the seriousness of the charges, our expert defence team fought hard to have the charges dropped on the basis that there was not enough evidence to prove beyond a reasonable doubt that our client committed the offences.
As the charges were dropped before the matter went to court, our client was also able to avoid the time and expense involved in a District Court trial.
He is now able to move on with his life without a conviction on his criminal record, which could have seriously impacted his ability to work and travel.
The other two persons who were charged with drug offences chose to be represented by another ‘general’ criminal law firm that was unable to have the charges dropped. As a result, they now face the stress and expense of a District Court trial.
This goes to show that the knowledge and experience of a specialist drug lawyer can make all the difference when it comes to getting an outstanding result in your drug case.
Our client was a 30 year old Italian male who was observed selling capsules at the AVICII concert in Centennial Parklands.
He was searched by police who found 73 capsules and pills believed to be ecstasy in separate bags, as well as $770 cash.
Police arrested him and charged him with ‘drug supply’ and ‘dealing with the proceeds of crime.’
However, the substances were later analysed and determined to be a legal drug known as ‘Lofton,’ rather than ecstasy.
Our senior defence team was able to fight to have the charges dropped even though the law says that you can still be charged with drug supply if the pills simply resemble drugs and are sold under the assumption that they are illegal drugs.
However, our specialist lawyers argued that there was not enough evidence to show that our client was selling the substances as illegal drugs.
As a result, the prosecution dropped the charges at an early stage, and our client was able to avoid a lengthy and costly trial, as well as heavy penalties.
This is yet another example of an excellent result obtained thanks to the hard work and in-depth knowledge of our specialist drug defence lawyers.
Our client was a 24 year old male who was approached by police in a nightclub after reports that he was selling ecstasy.
Police spoke to the man and asked whether he had any drugs on him, and he immediately showed them a small plastic bag containing 8 ecstasy pills.
As a result, he was charged with ‘drug possession’ and ‘deemed drug supply.’
‘Deemed supply’ is a unique charge that applies in situations where you have a certain amount of drugs upon you and it is automatically presumed that you intended to sell them.
You can be charged with ‘deemed supply’ even if there is no other evidence to suggest that you intended to sell the drugs to other people.
Despite the seriousness of these charges and the amount of drugs involved, our expert defence team was able to persuade the prosecution to drop the ‘deemed supply’ charge.
Our client then pleaded guilty to the ‘drug possession’ charge, however his senior defence lawyer, Mr Nedim, was able to obtain a section 10.
A ‘section 10’ is where you are found guilty of the charges but no conviction is recorded on your criminal record.
Sometimes, having a criminal record can affect your ability to find a job or travel overseas. In this case, our client was studying accounting and was worried about how a criminal record would affect his ability to find a job after university.
Thanks to the effort and hard work of our expert defence lawyers, he is now able to move on with his life and pursue his chosen career path.
Again, this excellent result shows how you can benefit from the knowledge and experience of a specialist drug lawyer.
Our 29 year old client was pulled over by police, who alleged that he was speeding and driving recklessly.
When speaking to police, they claimed that he appeared nervous and fidgety and was sweating profusely.
Police then conducted a background check and found that our client had a previous drug conviction. On this basis, they searched his car and found 58 grams of cannabis. He was then charged with ‘drug possession’.
However, our expert defence team argued that having a previous drug conviction is not enough to justify a search, and that our client’s nervousness was normal in the circumstances.
The Magistrate accepted these arguments and found that the police had searched our client’s car illegally. The evidence of drugs was then able to be excluded on this basis and the case was dismissed.
This shows how valuable it can be to have a specialist drug defence lawyer on your side with an expert knowledge and understanding of drug law.
Our client was a 37 year old male who was charged with a variety of offences, including ‘cultivating a prohibited plant for commercial purposes‘ for growing 14 large cannabis plants in his Camperdown apartment.
He came to us after two other law firms told him that he would likely face 15 months to 2 years in prison.
He was also told that due to the seriousness of the charges, he would not be able to participate in the MERIT program, and the matter would have to be dealt with in the District Court.
However, with the help of the experts at Sydney Drug Lawyers, he was able to have the charges downgraded to ‘cultivation’ and ‘possession’ for personal purposes only. This meant that the case stayed in the Local Court, where the penalties are much lower.
Our client was also able to undertake the MERIT Program and ended up with a section 9 good behaviour bond, as well as a number of small fines – a great result considering other law firms had advised him that he was facing gaol time.
The specialist drug lawyers at Sydney Drug Lawyers frequently obtain excellent results in complex cases where other lawyers have given up hope.
Our 27 year old client was charged with commercial drug supply after being caught on surveillance supplying 1000 ecstasy pills and 79 grams of ice.
He pleaded guilty to the charges, however our expert defence lawyers were able to persuade the court to issue him with a ‘section 11 bond.’
A section 11 bond allows the matter to be adjourned to allow you to complete rehabilitation. The court will then determine your sentence after you finish the rehabilitation or intervention program.
Our client used this time to undergo a 9 month rehabilitation program at Odyssey House. During this time, he made significant progress in addressing his drug problems and eventually began teaching other people at the rehabilitation centre.
When it came to sentencing, our expert defence lawyers highlighted his outstanding efforts in rehabilitation and fought hard to obtain a suspended sentence for his offences.
This is a fantastic result given the serious nature of the charges. Thanks to the efforts of our senior defence team, our client has been able to continue his outpatient treatment and plans to start his own landscaping business.
Our 20 year old client was charged with two counts of ‘drug supply’ and one count of ‘drug possession.’
Our experienced criminal lawyers worked tirelessly to get the drug supply charges dropped outside of court. We then fought hard to obtain a ‘section 10’ for the drug possession charge.
A ‘section 10’ is where you are found guilty of the charge, but no conviction is recorded on your criminal record. This is a best-case scenario outcome, as a criminal record can make it difficult to find work or travel overseas.
The experts at Sydney Drug Lawyers are frequently successful in obtaining ‘section 10s,’ even in more serious drug cases such as ‘drug supply.’
Because of this excellent result, our client is now able to move on with her life and pursue her career as a social worker.
Our 22 year old client came to us worried about the prospect of going to gaol after he was charged with supplying 60 ounces of heroin and cocaine over a period of several months.
He was charged with multiple offences including ‘supply drugs on an ongoing basis,’ ‘participate in criminal group’ and 11 counts of ‘supply prohibited drug.’
These offences are treated seriously by the courts and generally result in a prison sentence – indeed, our client had fully expected to go to gaol.
However, our highly-experienced principal, Ugur Nedim, was able to put forth compelling arguments which persuaded the Judge to deal with the matter by way of a suspended sentence.
A suspended sentence is an alternative to full-time gaol. It is a good behaviour bond which enables you to go about your daily life provided that you stick to the terms and conditions of the bond.
This meant that our client did not end up in prison, despite the fact that he had prior convictions – an outstanding result considering statistics for these offences showed that 100% of offenders went to prison.
Our client was a 23 year old male who was in his final year of law school.
He was caught with 4 pills containing ecstasy and 9 pills containing amphetamines.
Due to the large number of pills, our client was charged with ‘drug supply.’ However, our lawyers fought to have the supply charge reduced to a ‘drug possession’ charge, which carries much lesser penalties.
Our lawyers then encouraged him to participate in the MERIT Drug Program prior to his sentencing, which he completed with great success.
When it came to his sentencing, our expert lawyers highlighted his outstanding participation in the MERIT Program as well as his prior good character, and were able to obtain a ‘section 10.’
This meant that no convictions were recorded on his criminal record, and he was able to pursue his career as a lawyer.
Again, it just goes to show that having a specialist drug lawyer on your side can give you the best possible advantage when it comes to fighting the charges.
Our client was a 51 year old male who was charged with ‘deemed supply’ after he was found with 12 ecstasy pills and a quantity of ketamine.
Our skilled lawyers worked hard to have his deemed supply charge downgraded to ‘drug possession.’
Our lawyers were able to obtain a ‘section 10’ by drawing attention to his clean criminal record and his prior good character.
This shows how valuable a specialist drug lawyer can be when it comes to securing a positive outcome in your drug case.
Police charged our 22 year old client with ‘drug supply’ and ‘drug possession.’
They alleged that he threw 2 bags of cocaine into the bushes when he was approached by police and a sniffer dog.
Our client pleaded ‘not guilty’ to the charges, and with the help of our experienced criminal defence team, he was able to convince the Magistrate that someone else may have thrown the drugs into the bushes.
As a result, all charges were dismissed and our client was found ‘not guilty.’
This excellent result was obtained because of the expert knowledge and skills of our highly experienced specialist drug lawyers.
Our 20 year old client was charged with ‘drug supply’ and ‘goods in custody.’
However, thanks to the hard work of our specialist drug lawyers, we were able to convince the DPP to drop these charges.
Instead, our client pleaded guilty to a single count of ‘possessing an indictable quantity of ecstasy pills.’
Our lawyers then fought hard to present his case in the most positive light, and were able to secure a ‘section 10,’ which is where you are found guilty but no conviction is recorded on your criminal history.
This meant that our client was free to pursue his career as an engineer – ordinarily, had a conviction been recorded, he may have faced difficulties in applying for jobs.
This is yet another wonderful result obtained thanks to the skills of our highly-respected drug lawyers.
Our client was a 33 year old male who was charged with ‘drug possession’ after he was found with 5 ecstasy pills.
He had previously had a criminal conviction in 2006, as well as a ‘section 10’ in 2004.
Our expert defence team encouraged our client to attend counseling, write a letter of apology, and obtain character references from his employer.
At sentencing, our expert lawyers drew attention to the positive steps our client had taken in getting counselling and demonstrating remorse in his letter of apology.
We also highlighted the impact that a drug conviction would have on his career and future.
Thanks to these compelling arguments, our lawyers were able to convince the Magistrate to issue a ‘section 10,’ which is where no conviction is recorded.
This was a fantastic result, especially since our client had a previous criminal record and had already obtained a section 10 in the past.
Our 26 year old male client was charged with ‘drug possession’ after police found ecstasy pills and ice in his bedroom drawer.
However, our highly experienced lawyers argued that there was a possibility that the drugs belonged to our client’s girlfriend.
Accordingly, police were unable to prove ‘exclusive possession’ – in other words, the police were unable to prove that the drugs belonged only to our client.
We were also able to get the police to pay for our client’s legal fees as they should have investigated the possibility that the drugs belonged to our client’s girlfriend.
This was a great outcome as our client escaped conviction and was able to get on with his life without having to worry about paying for his legal expenses.
It just goes to show that sometimes, having a knowledgeable specialist drug lawyer on your side pays for itself!
Our 30 year old client was charged with supplying a prohibited drug.
Our lawyers were able to convince police to downgrade this to a ‘drug possession’ charge, to which our client pleaded guilty.
Our highly-experienced advocates then stressed the negative impact that a conviction would have upon our client’s employment prospects, and accordingly the Magistrate was persuaded to issue a ‘section 10.’
This meant that our client did not receive a conviction on his criminal record and was free to pursue his chosen career.
Our client benefited from the experience of our specialist drug defence team, and was able to obtain the best possible result in his case.
Our 26 year old client was charged with supplying ice and ecstasy on an ongoing basis.
Prosecution evidence against our client was strong and included police surveillance of our client as well as telephone intercepts which allegedly showed that our client supplied drugs.
However, our dedicated and experienced lawyers were able to convince the District Court Judge to dismiss all charges – meaning that our client was found ‘not guilty.’
He is now able to get on with his life without being marred by a criminal conviction.
Our 26 year old client was charged with possessing 4.75kg of imported cocaine.
The large amount of this drug attracts extremely heavy penalties, including life imprisonment.
Our client also had a prior conviction for drug supply in the USA and was not an Australian citizen, nor did he have links to the Australian community.
Despite these unfavourable circumstances, the specialist defence team from Sydney Drug Lawyers was able to get our client bail.
This was a fantastic result given the seriousness of the charges and shows that it pays to have the experts on your side.
Our expert drug lawyers recently represented a client who was charged with driving under the influence of a prohibited drug (DUI).
He was pulled over by police after it was alleged that he was veering between lanes without indicating.
Police then alleged that they smelt cannabis inside the vehicle when speaking to our client.
When asked about the smell, our client admitted that he had smoked cannabis prior to being pulled over by police.
He also handed over a joint that was inside the car.
Police conveyed out client to hospital where blood and urine samples were taken from him. The samples revealed that our client had high concentrations of THC in his blood and urine.
In court, our highly experienced drug lawyers argued that our client suffered from various medical problems, such as severe hernia pain.
It was argued that if his licence were disqualified, our client would be unable to attend medical appointments, and further, catching public transport would be difficult due to the severity of the pain suffered.
Our lawyers also argued that our client used cannabis as a form of pain relief, rather than for recreational purposes.
Despite the strength of the case against our client, as well as his lengthy driving record, our drug law specialists were able to persuade the magistrate to impose a ‘section 10.’
This means that while our client was found guilty of the offence, the charges will be not recorded on his criminal record.
It also means that he avoids having his licence disqualified.
This fantastic outcome means that our client is able to continue working and travelling without the charges severely impacting his life.
Our drug lawyers regularly represent clients in DUI cases and have a proven track record of obtaining excellent results such as ‘section 10s.’
The annual Harbourlife Music Festival was held on the 8th of November this year.
Three of our clients were charged with drug possession after police found various types of drugs upon them, including 7 ecstasy pills, marijuana, cocaine and ice.
Thankfully, our highly experienced senior drug lawyers took the time to carefully prepare ‘sentencing submissions’ which emphasised the need for a lenient penalty.
As a result of the hard work and dedication of our expert lawyers, all of our clients walked away with ‘section 10s.’
A ‘section 10’ is where you are found guilty of an offence, but no conviction is recorded on your criminal record.
This means that each of our clients is able to get on with their lives without worrying about how a criminal conviction could affect their employment or travel plans.
Our lawyers frequently obtain ‘section 10s’ in drug possession and supply cases.
These phenomenal results highlight the value of having an experienced drug law specialist on your side.
Our drug law specialists recently represented a 26-year-old Columbian man who was alleged to have imported 63 kilograms of methamphetamine into Australia from South America.
He was charged with commercial drug importation under the Commonwealth Criminal Code.
The maximum penalty for this offence is life imprisonment.
Despite a strong prosecution case and the seriousness of the charges, our experienced drug lawyers were able to persuade the magistrate to grant our client bail.
This means that our client is able to remain at liberty in the community until his matter is heard in court.
We were able to achieve this desirable outcome thanks to the efforts of our dedicated drug law experts, who spent a considerable amount of time preparing written submissions to the court which emphasised factors such as delays with the prosecution serving evidence, the length of time that our client would spend in prison before his trial, and his need to be free to assist in preparing his case.
This fantastic result means that our lawyers can now work with our clients to secure the best possible outcome in his case.
There have been significant amendments to the Bail Act in recent times, and it certainly pays to have a lawyer on your side who is familiar with these changes.
Our senior lawyers regularly prepare bail applications in the Local, District and Supreme courts and have an expert understanding of bail laws.
Our expert knowledge and experience is reflected in our ability to obtain bail for our clients in even the most serious drug cases, such as this one.
Our expert defence team recently represented nine clients who were charged with drug possession at Stereosonic 2014.
Our clients came from all walks of life and held jobs in various fields.
Three of them were also students.
Each of our clients had been caught with between 2 and 9 ecstasy pills.
One of those clients received two drug possession charges as he was caught with 7 ecstasy pills and a little over 1 gram of cocaine.
All of our clients wished to plead guilty and our expert drug defence lawyers represented them at each court date, as well as the final sentencing hearing.
As always, our lawyers spent considerable amounts of time working on each case and preparing compelling sentencing submissions which emphasised the need for a lenient penalty.
Despite the fact that some of our clients were caught with numerous pills, our outstanding advocates were able to persuade the magistrate in Burwood Local Court to impose section 10s in every case.
This means that while the court accepted their guilty pleas, the offence was not recorded on their criminal records.
Our clients therefore avoided the negative consequences which can flow from having a criminal record.
In Campbelltown Local Court, Sydney Criminal Lawyers® successfully obtained bail for a 23 year old ‘repeat offender’ who was advised by his former solicitors and barrister that he had no chance of getting bail.
The man has several previous convictions for robbery, larceny, drugs and break & enter offences.
Most significantly, he was already on strict conditional bail including a night-time curfew for ‘aggravated break, enter & steal’ at the time of his present charges.
His present charges involve him allegedly ‘break & entering’ a home, stealing credit cards and using those cards shortly thereafter to make purchases at 2 nearby petrol stations and a convenience store, at a time when he was supposed to be home for his curfew.
According to the police ‘facts’, his use of the stolen cards is captured on CCTV footage and he had was in possession of receipts from the purchases when arrested.
Sydney Criminal Lawyers® obtained bail despite all of those factors.
Sydney Criminal Lawyers® obtained ‘Suspended Sentences’ (no prison) in Downing Centre District Court for our 22 year old client for ‘Supply Drug on Ongoing Basis’, 11 charges of ‘Supply Prohibited Drug’ and ‘Participate in Criminal Group’.
The case involved the supply of approximately 60 ounces of heroin and cocaine over several months.
Our Ugur Nedim persuasively presented the case before the Downing Centre District Court Judge who ultimately found exceptional circumstances in our client’s favour and refrained from sending him to prison.
All involved had expected a lengthy prison sentence.
It is an incredible result considering that our client has several previous criminal convictions, and the official sentencing statistics for similar offenders say that 100% were sent to prison.
Sydney Criminal Lawyers® convinced the DPP to withdraw two charges of ‘drug supply’ against our 20 year old Menai client, then obtained a ‘section 10 dismissal’ in Downing Centre Local Court for the remaining charge of ‘drug possession’.
This means that our client has no criminal convictions and is free to pursue her chosen career as a social worker without having to disclose a drug conviction.
The Presiding Magistrate in Hornsby Local Court dismissed drug possession charges against our 21 year old client from Wahroonga who was stopped and searched in a Pennant Hills carpark.
Police approached our client claiming he appeared to be ‘acting suspiciously’ by standing outside his car with a friend in an unlit area.
As usual, police alleged that our client appeared ‘nervous’ and ‘agitated’ and that he could not adequately explain why he was there.
They searched him and found 4 ecstacy tablets and a small amount of cannabis in resealable bags in his pocket.
The Magistrate found that this was not enough to ground a ‘suspicion on reasonable grounds’ and ruled the search to be illegal.
The evidence was then excluded and both charges were dismissed.
The Magistrate in Downing Centre Local Court dismissed the case against our 30 year old client who was charged with ‘resisting officer in execution of duty’.
Police arrested our client in Woolloomoolloo when they suspected him of possessing drugs.
Our client ‘violently resisted’ and was thrown to the footpath head-first, sustaining bruising to the face.
He was held face-down by police ‘for at least 2 minutes’.
The Magistrate found our client ‘not guilty’ and criticised police for acting ‘recklessly and outside their powers’.
Here are some recent examples of our criminal defence team getting charges dismissed due to mental health under ‘section 32:
The Magistrate in Ryde Local Court dismissed charges of larceny against our 37 year old client who was caught stealing a trolley-load of goods from Myer. The case was persuasively argued by Mr Nedim and the Magistrate stated ‘this is only the second section 32 that I have granted out of about 20 since I came to Ryde in April’.
Downing Centre Local Court dismissed charges of Assault Occasioning Actual Bodily Harm and Common Assault against our 24 year old client despite it being his second assault case within 2 years. He received a criminal conviction for his previous case after his lawyers failed to inform him that his mental condition could be used to have his case dismissed.
Parramatta Local Court dismissed drug possession charges against our 33 year old client who was caught with 9 ecstacy tablets in his pocket. He was initially charged with ‘supply’ but Sydney Criminal Lawyers® had that charge withdrawn. The court found that there was a link between our client’s underlying depression and his use of drugs, and that the proposed treatment plan was adequate.
Wagga Wagga Local Court dismissed a charge of ‘use carriage service to make hoax threat’ against our 45 year old client who contacted the NSW Fire Service advising that a bomb had been placed at a fire station. The court found a significant link between our client’s post traumatic stress and his actions.
Our Senior Criminal Lawyers persuasively argued each of the cases in court.
Our 37 year old client was initially charged with ‘strictly indictable’ offences of ‘cultivate by enhanced indoor means prohibited plant for commercial purpose’ for growing 14 large cannabis plants under 4 tents in his Camperdown apartment and with supplying ecstacy.
He was also charged with several other offences involving selling fake goods and possessing prescribed restricted substances.
He was told by 2 other Sydney criminal law firms that:
He then came to Sydney Criminal Lawyers® who fought and succeeded in:
It pays to have a confident and superior defence team on your side.
The Presiding Magistrate in Downing Centre Local Court dismissed charges of ‘drug possession‘ against our 29 year old client after police searched his car illegally.
Our client was pulled over after he allegedly exceeded the speed limit and drove ‘recklessly’.
Police claimed that, when approached, he appeared ‘nervous’,’ fidgety’ and was ‘sweating profusely’.
Police then undertook a background check which showed that our client has a previous drug conviction.
His car was then searched and police found a plastic bag containing 58 grams of cannabis under the passenger seat.
The Magistrate accepted that our client’s nervousness was natural in the circumstances and that a previous drug conviction is not sufficient to justify a search.
The search was found to be illegal and the evidence of drugs was excluded.
The prosecution had no further evidence and the case was dismissed.
The Magistrate in Downing Centre Local Court was persuaded to discharge our 24 year old client without recording a criminal conviction against him despite being found in possession of 8 tablets of MDMA (‘ecstacy’).
Police approached our client in a Sydney Night Club after receiving information that he was selling ‘ecstacy’ tablets to patrons.
They asked whether he was in possession of drugs and he immediately produced a small resealable plastic bag containing 8 pills.
He was arrested and charged with ‘drug supply’ and ‘drug possession’.
The ‘drug supply’ charge was based on the law about ‘deemed supply’ – which says that a person can be charged with drug supply simply because they possess more than the ‘trafficable quantity’ of drugs eg more than 0.75 grams of ecstacy.
Our defence team wrote a detailed letter to Office of the Director of Public Prosecutions (‘DPP’) which resulted in the ‘supply’ charge being withdrawn.
Our client then pleaded guilty to ‘possession’ and our Mr Nedim convinced the Magistrate to allow him to remain ‘conviction-free’ on the basis that a criminal conviction could have impacted upon his ability to become an accountant after completing his university studies.
All charges were withdrawn and dismissed in Downing Centre Local Court for our 30 year old client from Italy after the analysis of the alleged prohibited drugs came back negative.
Police observed our client approaching several people and selling capsules to patrons at the ‘AVIICI’ concert at Centennial Parklands, Sydney.
They searched him and located 73 tablets and capsules resembling ‘ecstacy’ in 4 separate resealable bags. They also found $770 cash on him.
He was then charged with ‘supply prohibited drug‘ and ‘deal with property suspected of being proceeds of crime’.
The substances were then analysed and found to be a legal drug known as ‘Lofton’.
It is important to note that the law says a person is guilty of drug supply even if they supply tablets that contain no drugs at all, as long as they sell them as if they were drugs.
Despite this, our defence team persuaded the prosecution to withdraw all charges on the basis that there was insufficient evidence to prove that our client was selling the substances as illegal drugs.
All drug charges have been dropped after our defence lawyers successfully argued that the prosecution evidence against our client was not strong enough to go to a jury trial.
Our client is a 42 year old man from Waterloo who was suspected of being part of a criminal syndicate that supplied drugs including heroin and ‘ecstacy’ from at least early 2013.
Police set up a surveillance operation in May 2013 that intercepted phone calls between our client and others allegedly involved in that syndicate.
Those intercepts allegedly established that our client was a ‘drug runner’ who sold drugs on behalf of those higher in the syndicate.
Video surveillance also allegedly captured him selling drugs on at least two occasions.
Our client and two other syndicate members were later arrested and charged with various drug offences – our client was charged with supplying heroin on 10th and 31st July 2013.
After several months of intense fighting, our Senior Criminal Defence Team was able to convince the prosecution that the evidence was insufficient to prove the charges against our client beyond reasonable doubt.
All charges against him were then withdrawn.
The two ‘co-accused’ are represented by other criminal law firms who have not been able to have their clients’ cases dropped.
Those clients are now facing an expensive, lengthy and risky District Court trial unless they plead guilty to their charges.
In Downing Centre District Court, our 24 year old client from Rydalmere was given a ‘section 10 bond’ despite pleading guilty to supplying 16 ecstacy tablets and possessing amphetamines.
This means that she avoids a criminal conviction altogether.
She is a Project Analyst with a Sydney-based telecommunications company that contracts to various government organisations.
She attended the Stereosonic Music Festival, Olympic Park where police allegedly saw her selling tablets to other party-goers.
Police approached and saw her holding a condom containing what appeared to be tablets and capsules.
They immediately cautioned her, seized the pills and placed her under arrest.
She then made a range of admissions and was charged with one count of ‘drug supply‘ and two counts of ‘drug possession’.
The ecstacy (or ‘MDMA’) tablets weighed a total of 5.44 grams. A capsule of amphetamines was also found.
The quantity of drugs made it a ‘strictly indictable case’ which means that it had to go to the District Court.
It was a strong case of ‘actual supply’.
However, Sydney Drug Lawyers persuaded the prosecution to significantly amend the ‘facts’ and to treat the matter as a ‘deemed supply’ only, which meant that it was less-serious.
Our client then pleaded guilty to one charge of ‘deemed supply’.
She placed herself in the best possible position before her sentencing date by attending counselling and gathering character references.
A counselling letter was obtained and our defence team successfully persuaded the District Court Judge to keep her conviction-free.
This means that the incident is unlikely to affect our client’s current job or her future career prospects.
Two young men and one young woman who pleaded ‘guilty’ in Deniliquin Local Court to numerous charges of ‘drug possession’ have had their convictions overturned on appeal to Downing Centre District Court.
The charges arose after police applied for a Drug Dog Detection Warrant for the detection of drugs in cars travelling through NSW towards the Con/Fest Music Festival in the A.C.T.
Police pulled over our client’s car which contained two passengers, and the drug detection dog indicated the presence of drugs.
The driver agreed to a search and police located 5.5 grams of liquid LSD, one sugar cube of LSD, 4 MDMA (‘ecstacy’) tablets and 2 grams of cannabis.
All three occupants participated in police interviews and admitted that they possessed the drugs for personal use.
Two of them were charged with 2 counts of ‘drug possession‘ for the ecstacy and LSD. The third was additionally charged with cannabis possession.
All were later convicted of all charges in Deniliquin Local Court and given criminal convictions and fines.
Our firm did not represent them in the Local Court.
One of them later contacted our firm and we immediately lodged an appeal against the severity of his sentences.
The remaining two contacted our firm shortly thereafter and we also lodged appeals for them.
For strategic reasons, we arranged for all of the cases to be transferred to Downing Centre District Court.
Despite the number of different drugs and multiple charges, our Senior Criminal Lawyer Mitchell Cavanagh persuaded the Judge to overturn all of the convictions by ordering ‘section 10 good behaviour bonds’.
This means that all of our clients remain conviction-free. The fines were also overturned.
During the Appeal, Mr Cavanagh directed His Honour to a binding decision of the New South Wales Court of Criminal Appeal which states that a court may deal with a person without conviction despite the presence of substantial quantities of drugs and numerous charges.
That decision also says that:
1. A ‘section 10’ (non-conviction) can even be awarded in cases of drug supply, including cases where there are 20 or more ecstacy tablets,
2. A good behaviour bond without conviction is a significant penalty in itself, and
3. Whether or not a conviction is recorded makes little difference to whether the penalty is adequate or inadequate.
Once again, our firm’s superior legal knowledge, thorough preparation and persuasive presentation has made a significant difference to result achieved.
Our 21 year old client was charged with drug supply after police observed him smoking crystal methylamphetamine (‘ice’) through a glass pipe in the driver seat of his car.
Police searched the car and located more ‘ice’ in a small resealable bag, 6 tablets of MDMA (‘ecstacy’), drug paraphernalia and a quantity of cash.
They charged him with drug supply due to the quantity of drugs found – this charge is also known as ‘deemed drug supply’.
Once again, our defence team wrote a detailed letter to police requesting withdrawal of the drug supply charges on the basis that our client pleads guilty to the less-serious charge of ‘drug possession’.
The request was successful and our client then pleaded guilty to drug possession.
Our client was represented in court by our senior lawyers who persuaded the Magistrate in Downing Centre Local Court to award our client a ‘section 10’ which means that he avoids a criminal conviction altogether.
Our 26 year old client was charged with supplying 2.4 grams of cocaine, and a ‘backup’ charge of drug possession, after police located drugs and drug paraphernalia including electronic scales and resealable bags in a kitchen cupboard at his one-bedroom unit in Paddington.
Our client was the sole lessee of the unit, although his girlfriend also lived there and friends also attended for social gatherings.
The prosecution case failed because they could not prove beyond reasonable doubt that our client ‘exclusively possessed’ the drugs, to the exclusion of all others.
In drug cases, police must prove ‘exclusive possession’- in other words, police must exclude any reasonable possibility that the drugs belonged to someone else.
In this case, our lawyers ensured that ample evidence came before the court that the drugs could have belonged to our client’s partner or any one of a number of people who recently attended the unit.
The Magistrate in Downing Centre Local Court therefore found our client ‘not guilty’ and dismissed both of the charges.
The Harbourlife Music Festival on 8th November 2014 led to a large number of arrests for drug possession.
On 5th December, our Senior Lawyers each represented 3 clients who pleaded guilty to drug possession in Downing Centre Local Court.
Our clients were from a range of economic, cultural and employment backgrounds – including students, retail worker, tradespersons and professionals in upper management.
ALL of our clients escaped criminal records after our lawyers persuaded the Magistrate to grant them ‘section 10s’ – which means guilty but no criminal conviction.
They are free to get on with their lives without the complications of a criminal record.
Our client is a 26 year old Columbian national who, before his arrest, was in Australia on a student visa.
He is charged with importing 63 kilograms of methamphetamine from Mexico and Columbia into Australia, in contravention of section 307.1 of the Criminal Code Act.
The offence carries a maximum penalty of life imprisonment.
The shipment was detected through telephone intercepts and physical surveillance, and the drugs were intercepted by the AFP in Sydney and replaced with an innocuous substance that was found in the boot of a car in Burwood.
It is alleged that our client was involved in the importation and that the case against him is strong.
The Bail Act 2013 requires the court to consider a range of factors when deciding to release a person from custody.
Those factors include: the seriousness of the charge, the strength of the prosecution case, the person’s links to the community, the risk of not turning up to court, the risk of reoffending, the time they would spend in prison if not granted bail and the need to be free to prepare for their case.
Our client was in a difficult position due to the seriousness and alleged strength of the case, his minimal links to the community and the consequent risk of failing to attend court.
However, our defence team prepared detailed written submissions to the court focusing upon (1) prosecution delays in serving evidence, (2) the fact that he would be spending a significant amount of time behind bars awaiting trial, and (3) our need to have him free to assist in the preparation of his defence.
The prosecution strongly opposed bail, and prepared it’s own written submissions.
However, the Magistrate in Central Local Court ultimately acceded to our request and granted conditional bail to our client.
The next step will be for our experienced team to use our vast specialised experience in commercial drug cases to secure him the optimal outcome.
In Burwood Local Court, each of our Senior Lawyers represented 3 clients who were caught possessing drugs at the Stereosonic Music Festival.
Our clients were from various social, economic and cultural backgrounds and worked in a range of fields – from retail, to accountant, to company executive, to business owner.
Three of our clients were also students.
Most were caught for possessing MDMA tablets, also known as ‘ecstacy’ – ranging from 2 to 9 pills. One of our clients had two ‘drug possession’ charges against him for possessing 7 ecstacy tablets and just over 1 gram of cocaine.
All of our clients’ cases were thoroughly prepared and persuasively presented in court.
This resulted in the Magistrate allowing all of them to avoid criminal records by granting them ‘Section 10s’.
Section 10 means that, even though a person is guilty, a criminal conviction is not recorded against their name.
Our clients are free to get on with their lives without the burden of a criminal record.
In May 2013, our client pleaded guilty to Supplying a Commercial Quantity of Prohibited Drug and 3 counts of Possess Prohibited Drug.
He was given a two-year ‘Suspended Sentence’ and 3 x three-year ‘Section 9 Good Behaviour Bonds’ for those charges by the Presiding Judge in Downing Centre District Court. This was an excellent result given the seriousness of the charges.
However, in November 2014, he was found in possession of MDMA (‘ecstacy’) tablets and a quantity of cannabis, and charged with two counts of drug possession. Those charges caused him to breach his ‘Suspended Sentence’ and his ‘Good Behaviour Bonds’.
In the lead-up to his court proceedings, our legal team gathered material supporting the assertion that our client had taken significant steps towards rehabilitation, but had found it difficult at times and relapsed.
In the result, the Presiding Judge was persuaded that there were good reasons to excuse the breach of Suspended Sentence. The breach was therefore excused and our client was given a fresh two-year section 9 good behaviour bond.
He therefore avoids prison and can continue in his efforts towards rehabilitation.
Our 23 year old client has been granted conditional bail in Central Local Court after being charged with ‘supplying a large commercial quantity of prohibited drug’ and ‘knowingly participate in criminal group’.
Police conducted a controlled operation into the alleged production and supply of methylamphetamine originating out of a clandestine laboratory in Ryde, NSW.
Police used surveillance devices and physical monitoring to track the movement of substances from that location to other parts of Sydney.
Our client was arrested together with four other young men who were allegedly in possession of 2.4 kilograms of methylamphetamine.
It is additionally alleged that our client is captured on surveillance footage handling the packages within which the drugs were found.
All five defendants then came before the Presiding Magistrate in Central Local Court.
They all faced an uphill battle when it came to bail because ‘large commercial drug supply’ is one of the offences captured by the new “show cause” provisions of the Bail Act – which means that it is very difficult to obtain bail in such cases.
However, our senior lawyers made extensive verbal submissions which ultimately convinced the Magistrate to grant bail to our client.
All of the other four other defendants were refused bail.
It is just another example of how superior legal representation can make all the difference when it comes to your liberty.
Our client is a 58-year-old lady who owns a tobacconist store in the CBD.
Police had previously seized synthetic drugs from her store, and had received further reports that synthetic cannabis was still being sold.
They obtained a warrant to search the premises and were able to locate various forms of synthetic cannabis, with an estimated value of $10,000.
Our client was then charged with ‘deemed supply’, which means that she was alleged to have more than the ‘traffickable’ quantity of drugs in her possession for the purpose of supply. A ‘deemed supply’ charge can be brought even if there is no evidence that the person actually supplied any drugs.
The laws relating to the sale of synthetic cannabis were changing at the time, and the act of supplying synthetic cannabis had only become an offence 10 days before our client was charged.
Our lawyers were able to persuade the prosecution to drop the charges on that basis, meaning that our client is spared the expense, stress and anxiety of having to fight the case in court.
Our three clients are all Indonesian nationals who were crew members aboard a ship headed for Australia.
The ship’s cargo-hold was altered to increase its capacity, containing a speed boat and dozens of ‘Prada’ bags filled with a total of over 600 kilograms of heroin.
The ship anchored approximately two kilometres from Australian shores, and the speedboat was ferried back and forth unloading the heroin-filled bags onto the mainland.
Unknown to the ship’s captain and crew, Australian authorities had been monitoring the operation and ultimately arrested all on board the ship.
The captain and officers were all convicted at trial. They were represented by other lawyers.
Six crew members faced a separate trial, with our team representing three of the men in Downing Centre District Court.
We advised our clients not to give evidence after the close of the prosecution case at trial, as the state of the evidence was that knowledge or recklessness had not been proved beyond reasonable doubt. They were ultimately found ‘not guilty’ of all charges.
The remaining three crew members – represented by other lawyers – each testified in court. They were questioned at length and ultimately found guilty. In our view, it was a significant strategic error to have exposed the men to cross-examination, given the weaknesses in the evidence at the close of the prosecution case.
Our client is a 27-year-old apprentice plumber from Sydney.
Police observed him walking along a footpath with another person outside a popular annual music festival. As our client was adjusting his pants, a single brown pill fell out of his pocket onto the ground. Police saw this, approached and showed him identification. Our client then handed the pill to police, admitting it was ‘ecstacy’.
Police asked whether he had any other pills, and our client produced a bag containing another five ecstasy pills. Police then searched him and found another bag containing 6 more ecstasy pills. He made admissions to police that he was going to give some of the pills to his girlfriend and friends, which amounts to ‘drug supply’ under the law.
In total, our client was found with 12 ecstasy pills. As this is well above the ‘trafficable quantity’ of 0.75 grams – and the fact our client admitted intending to supply pills to others – our client was charged with ‘deemed supply’, which means he was taken to have the drugs upon him for the purpose of supply.
Our client pleaded guilty in the Local Court and, because the quantity was also above the ‘strictly indictable’ weight of 1.25 grams, the case proceeded to the District Court.
Our client told us he saw several criminal lawyers who each advised him that it was not possible to avoid a criminal conviction for a ‘deemed supply’ for so many ecstacy pills. In our view, that advice was contrary to several authorities in the NSWCCA and District Court which make it clear that higher courts can, and indeed have, exercised discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 not to record a criminal conviction for the supply of several ecstacy tablets (see especially R v Mauger).
We assisted our client to prepare a range of favourable materials, including character references, a letter of apology and evidence that he may lose his job upon receiving a criminal record.
In the District Court, the prosecutor presented several cases which state that a prison sentence is appropriate in circumstances similar to that of our client.
In addition to the subjective materials, we presented cases to the contrary and argued at length that it was appropriate for the court to deal with our client by way of a section 10 good behaviour bond.
In the result, the Judge was persuaded to exercise her discretion and place our client on an 18-month bond without recording a criminal conviction against him.
He looks forward to continuing his career and establishing his own business in the future.
Our client is a 38-year-old teacher.
Police in plain clothes observed him stand up and exit a bar as they were entering the premises with a drug-detection dog.
Police decided to approach him, at which time our client immediately produced a small bag of cocaine and handed it over to them.
Police then arrested and issued him with a court attendance notice.
It wasn’t the first time our client was in trouble for drug possession.
He had two prior drug possession offences, and was placed each time on a ‘section 10’ good behaviour bond, without a criminal conviction.
He had been warned by the magistrate on the previous occasion that such leniency would not be extended to him on a third occasion.
Despite that warning, our lawyers ensured he was placed in the best possible position in court. We assisted him to prepare character references, a letter of apology and evidence he would likely lose the job he recently acquired if convicted.
Our client also made enquiries about participating in a drug rehabilitation program, and we produced evidence of his efforts to the court.
We then made extensive submissions before the court, and with some hesitation the magistrate was ultimately persuaded to deal with our client by placing him on a good behaviour bond without conviction once again.
Our client is a foreign national on a working holiday visa.
A few months into her stay in Australia, she decided to attend a music festival with a group of friends.
On the day of the festival, she was pressured to carry 14 MDMA (‘ecstacy’) tablets into the festival grounds.
The male members of the group, including her boyfriend at the time, felt that as a female she would come under the least suspicion from security and police, who were checking for illegal drugs at the festival entry.
A sniffer dog gave a positive indication and our client quickly admitted to possessing the tablets.
She was then arrested and charged with ‘drug supply’ due to the number of tablets found. In that regard, the law provides that a person found with more than the ‘trafficable quantity’ of drugs can be charged with supply. This is known as ‘deemed supply’. The trafficable quantity of MDMA is just 0.75 grams.
If a person is charged with deemed supply, the onus of proof then shifts to them to prove ‘on the balance of probabilities’ that they were in possession of the drugs for the purpose of something other than supply.
The law also provides that a person who holds drugs momentarily for the owner with a view to returning it is not guilty of supply.
An issue for our client was that there were a number of people to whom the drugs were to be distributed upon entry to the festival, and she made admissions to police that she intended to supply the tablets to these people.
Despite the issues, our defence team wrote a detailed letter – known as ‘representations’ formally requesting withdrawal of the supply charge provided that our client pleaded guilty to drug possession.
She pleaded guilty to that lesser charge and we assisted her in gathering a range of subjective materials, including documents in relation to the impact of a criminal conviction.
After extensive verbal submissions in the local court, and despite submissions against a ‘non conviction’ by the prosecution, Her Honour was persuaded to impose a two-year good behaviour bond without a criminal conviction.
This is an excellent result given the number of tablets involved.
Our client is a 25 year old man who works in the marketing industry.
Police were conducting patrols outside a popular music festival with the assistance of their drug detection dogs, when a dog indicated the presence of drugs in our client’s possession.
When asked by police as to whether he had any drugs on him, our client immediately made full admissions and produced a small resealable bag containing 7 MDMA (‘ecstacy’) pills.
Under the law, any amount of ‘ecstasy’ above 0.75g is considered to be in a person’s possession for the purpose of supply. Our client was not charged with supply on this occasion, but with drug possession only.
Our client instructed us that he intended to plead guilty to that charge, which was the appropriate plea given his immediate admissions and the finding of drugs.
We assisting him in preparing his letter of apology to the court, in seeing a counsellor and obtaining a letter of attendance from her, and in gathering character references with the relevant content.
We made extensive submissions in court in relation to his acceptance of responsibility, steps towards addressing underlying issues, remorse and the likely impact of a criminal conviction on his future plans.
With some hesitation, Her Honour was ultimately persuaded not to record a conviction against our client’s name, but rather to place him on an 18-month good behaviour bond without a criminal record.
Our client was overjoyed by the outcome and looks forward to continuing to advance in his career.
Our client is a 24 year old physical education student.
Police say they observed him entering a ‘known drug premises’ and exiting a short time later with a package.
They followed his car and pulled him over a short time later. They asked whether he had any drugs in the car, to which he replied ‘some steroids’.
They then search his car, located the package on the passenger seat, and within it found a total of 800 Dianabol (steroid) tablets, a 10 ml vial of Sustanox X250 (a steroid) and approximately 1 gram of cannabis.
Our client was then charged with three counts of drug possession in respect of the substances. Given the state of the evidence and our client’s admissions, and after some alterations were agreed by the prosecution to the ‘full facts’, pleas of guilty were entered to the charges.
Our client instructed that he was “obsessed” with his body image. Accordingly, we arranged for him to see a psychologist, who diagnosed him with ‘body dysmorphia’.
He continued seeing the psychologist in the lead-up to the sentencing hearing, and we obtained a report about his underlying issues and the steps he taken towards address them.
We also assisting him to prepare a letter to the court which outlined his acceptance of responsibility, his remorse and his efforts towards rehabilitation. We also helped him in obtaining character references in the proper form.
Despite the quantity of drugs and number of charges, we ultimately persuaded the magistrate to place him on good behaviour bonds for a period of two-years without recording a criminal conviction against his name.
Our previously-anxious client is now confident that his studies will lead to employment as a teacher or instructor.
US President Barack Obama recently commuted the prison sentences of 42 inmates as part of his push for criminal justice reform.
Most of the offenders are small-time drug dealers who have already spent many years in prison – some were sentenced to life-imprisonment under “three strikes and you’re out” legislation.
Obama has now commuted the sentences of 348 inmates – more than the previous seven US presidents combined.
US Prison Population
An estimated 2.2 million people are behind bars in the United States. This represents a quarter of the global prison population in a country with only 5 per cent of the world’s population.
A whopping one in 100 US adults are incarcerated, and two-thirds of released inmates return to prison within 2 years.
The direct cost to the US economy is enormous – US $60 billion per year, an increase of more than 300% over the past 20 years. The indirect costs are believed to be far higher than this.
Law Reform
The White House has released a statement saying the commuted sentences related to inmates affected by “outdated and unduly harsh sentencing laws,” including mandatory life sentences for non-violent drug offences.
“The individuals receiving a presidential commutation today have more than repaid their debt to society and earned this second chance,” the statement said.
The President is expected to commute more sentences before he leaves office in January 2017. He has also proposed legislation which would reduce sentence lengths for small time offenders, and focus on alternatives to imprisonment and rehabilitation.
The President said of the current system:
“It’s not keeping us as safe as it should be. It is not as fair as it should be. Mass incarceration makes our country worse off, and we need to do something about it.”
Justice Reinvestment
Some US states have already seen the benefits of ‘Justice Reinvestment’, an initiative proposed by the US Open Society Institute in 2003.
Justice reinvestment recognises that a disproportionately high concentration of offending comes from a small number of communities, which are normally categorised by:
By channeling funds into programs which address these problems, justice reinvestment has been remarkably successful in lowering offending rates and overall law enforcement costs in a number of US communities.
A 2014 report by the Urban Institute found that 17 states are projected to save as much as $4.6 billion through policies designed to channel spending into community projects and otherwise control corrections spending.
Seeing these benefits, a total of 21 US states have now signed up with the Council of State Governments Justice Centre and other non-profit organisations to investigate or apply justice reinvestment in their jurisdiction.
Closer to Home
Australia certainly has its own problems – with a sharply rising prison population caused by tougher bail laws and harsh sentencing regimes, despite falling overall crime rates.
Our Indigenous communities suffer from hugely disproportionate incarceration rates, while our politicians seem intent on spending more and more on enforcement and imprisonment, while losing focus on programs which address the underlying causes of offending.
It is hoped government will start to recognise the real, long-term economic and social benefits of preventative and diversionary programs, and shift expenditure towards initiatives that deal with the problem at its source.
The Victorian Government recently announced the second stage of its program to tackle ice addiction.
State Attorney-General, Martin Pakula, unveiled the $57.6 million package – the centerpiece of which is an expanded Drug Court program based at Melbourne Magistrates’ Court, allowing an additional 170 drug offenders to receive targeted support.
The funding breakdown is as follows:
This funding builds on the $45 million pledged by the government last year, which focuses on expanding drug rehabilitation services in Victoria’s drug hot-spots and treating 500 habitual users each year.
Need for Reform
In announcing the plan, Mr Pakula acknowledged the failure of the current punitive approach to drug use. “The lack of effective sentencing options for serious drug-related offences has resulted in increased imprisonment rates, increased re-offending and a failure to address the underlying causes of addiction,” he said.
Victoria has experienced a concerning spike in crime rates in recent years. The State’s Crime Statistics Agency has released figures for 2015 which suggest an 8.1 per cent rise in overall crime. Young repeat offenders were the main driving force for the increase.
Assistant Police Commissioner Robert Hill said young people represented 90% of those arrested for theft, burglary and break and enter offences. The crime rates in each of those areas was by up 10% on the previous year.
Deputy Police Commissioner Andrew Crisp believes that ice is behind most of the drug-related offending.
Methamphetamine Use
While a 2015 study of Australian drug use suggests that the number of Australians using methamphetamines has remained stable at around 2% since 2001, there are significant shifts in:
A recent report by the Australian Crime Commission (ACC) expressed concerns about the damage caused by ice. “Ice is now the number one problem in terms of illicit substances,” Justice Minister Michael Keenan said. The drug is believed to be funding international criminal syndicates, with over 60% of Australia’s most wanted serious and organised crime figures believed to be involved in the methamphetamine trade.
The Drug Court
Drug Court programs seek to address the issue of drug dependency, rather than sending offenders to prison. They generally take referrals from Local and District Courts, and strive to tailor long term solutions which break the cycle of drug use and crime.
Mental Health Minister Martin Foley recognised the effectiveness of Dandenong’s Drug Court program in diverting offenders away from the criminal justice system. “The support then leads to better outcomes as people both get their lives back together, get off the drugs and end their crime careers,” he said. “It’s had remarkable success and we intend to roll that model out around Victoria.”
Participants in the Dandenong program were 30 per cent less likely to reoffend within 2 years than those sentenced in the regular court system. This has saved Victorian tax payers an estimated $3.8 million in enforcement costs. Drug Court Magistrate, Tony Parsons, has also highlighted the social and health cost savings of diverting low-level offenders away from prison.
With the increased funding, the Victorian Drug Court is expected to deal with 240 people each year, up from the current 70.
New South Wales
A 2015 study by the NSW Bureau of Crime Statistics found that habitual users who commit drug-related crimes are less likely to reoffend when dealt with by the NSW Drug Court than when sent to prison.
Participants in the NSW program were found to be 17 per cent less likely to be reconvicted for any offence, 30 per cent less likely to be reconvicted for a violent offence and 38 per cent less likely to be reconvicted for a drug offence at any point during the follow-up period -which averaged 35 months.
The study adds to a growing body of evidence that Drug Courts are more effective than prisons when it comes to reducing reoffending rates and the costs associated with enforcement.
It is hoped that our state will also capitalise on the long term economic and social benefits of diversionary programs by increasing investment to our own Drug Courts.
In a recent piece for Harper’s magazine titled ‘Legalize it all: How to Win the War on Drugs’, Dan Baum, a staff writer for The New Yorker and Wall Street Journal, released a frank quote from John Ehrlichman, a policy advisor for Richard Nixon and chief instigator of the war on drugs. The quote sparked controversy worldwide, shining new light on the reasons behind the Government’s war on drugs.
While writing a book on politics and drug prohibition in 1994, Baum had the chance to ask Ehrlichman a series of questions during a book signing. He recently revealed the details of their conversation:
“I started to ask Ehrlichman a series of earnest, wonky questions that he impatiently waved away. “You want to know what this was really all about?” Ehrlichman asked with the bluntness of a man who, after public disgrace and a stretch in federal prison, had little left to protect.
“The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
The War on Drugs was a Nixon invention but it’s been useful for political figures around the world, and its function as a political tool hasn’t changed. Being seen to fight drug crime is a great way for politicians to win votes, regardless of what the evidence tells us.
In New South Wales, the law and order auction that happens during each electoral season has seen ever-increasing penalties for drug offences, and more people sent through the criminal justice system. Last year, the Federal Government’s ‘Dob in a Dealer’ anti-ice campaign was widely criticised for being used as a political distraction to take attention off the Abbott-Government’s failing legislative agenda.
The Failed War On Drugs
Someone smart once quipped that “the definition of insanity is doing the same thing over and over again, but expecting different results”. This would seem to hold true in most places, except drug policy, where the Government is happy to continue burning tens of millions of dollars a year fighting a war on drugs – despite mounting expert opinion telling them to change tact.
The $1 million annual cost of the dob-in-a-dealer campaign would almost cover the $1.3 million needed to run a 10-bed rehabilitation unit, so a few more addicts don’t have months longer, often in custody, for a proper shot at beating addiction and getting their lives back-on-track.
According to Victoria’s former chief commissioner Ken Lay, this is where the Government should be looking to spend its resources:
“For social problems like these, law enforcement isn’t the answer. Unless you get into the primary prevention end, unless you stop the problem occurring you simply won’t arrest your way out of this,” Lay said last year.
“Ice has been on the scene for over a decade and we’ve had a really strong law enforcement approach and it hasn’t resolved the problem. The time’s right now to look at the other options.”
Mountains of research support this view. The Australian Medical Association has pointed out the obvious: “reducing drug addiction reduces demand for drugs, reduces crime, reduces harm to addicts and their families and reduces the burden on our health system – not to mention the courts, prisons and police.”
However, in New South Wales, the police and Government continue to treat drug use just like every other law and order problem – arrest and sent more people to prison for longer and the problem will vanish. Guess what, it hasn’t worked.
So what could work?
On July 1st, 2001, Portugal decriminalised the possession of small amount of every drug imaginable, from marijuana, to cocaine, to ice and heroin. Some thought the country would become a drug tourist haven, others predicted that usage among youths would skyrocket. Fifteen years later, neither of those things have happened.
Instead, Portugal has seen a drastic reduction in drug addiction. The number of addicts, at 100,000 before the policy was enacted, was halved in the space of 10 years. Portugal’s drug usage rates are now among the lowest of EU member states.
This happened because Portugal moved from treating drug use as a criminal law problem, to a health issue. Possession and use was moved out of criminal courts and into special tribunals where each user’s unique situation is judged by legal experts, psychologists, and social workers. This is an important step to make – no-one chooses for drugs to overwhelm their lives and place them on the wrong path. Providing users with pathways outside the traditional justice system is a win-win for all involved.
This idea isn’t as farfetched as it sounds, and is beginning to affect drug laws around the world.
An international commission of medical experts, set up by the Lancet medical journal and Johns Hopkins University in the United States, recently called on the United Nations to back global drug decriminalisation, arguing that current policies lead to violence, deaths and the spread of disease, harming health and human rights.
In a report published on the eve of a special session of the UN’s General Assembly devoted to illegal narcotics, the group urged Governments around the world to begin decriminalising minor, non-violent drug offences involving the use, possession and sale of small quantities.
“The goal of prohibiting all use, possession, production, and trafficking of illicit drugs is the basis of many of our national drug laws, but these policies are based on ideas about drug use and drug dependence that are not scientifically grounded,” says Dr Chris Beyrer of the Johns Hopkins Bloomberg School of Public Health, a member of the commission.
“The global ‘war on drugs’ has harmed public health, human rights and development. It’s time for us to rethink our approach to global drug policies, and put scientific evidence and public health at the heart of drug policy discussions.”
While politicians win votes, and private prison companies and criminal lawyers get rich, the hardworking taxpayer will continue to foot the bill for the failed war on drugs, and users who want to reach out will not only fail to get the support and assistance they need, but will be labelled as criminals in the process.
What is the most dangerous drug in the world?
If you’re thinking ice, heroin or crack cocaine, you’d be off the mark.
In fact, the most dangerous drugs in terms of addictiveness and harm are those which are not frequently reported on in the media – but are gradually developing a following across the world.
Here are some of the most dangerous – and relatively unknown – drugs in the world.
1. Krokodil
‘Krokodil’, also known as desomorphine, is a form of morphine derived from codeine. It was first synthesised in 1932 and intended as a painkiller – but it was outlawed once its potential dangers were reported.
Krokodil remained under the radar for many years – but in the 2000s, doctors in Russia began noticing an increase in patients appearing with sores on their bodies, resembling the scaly skin of a crocodile.
It was reported that heroin users, unable to afford the high cost of the drug, were manufacturing their own desomorphine substitute – purchasing codeine from chemists and combining it with poisonous chemicals including paint thinner and the red phosphorous found on matchboxes. The drug gives users a high that is similar to heroin – at a much lower cost.
But the side-effects of using the drug are concerning. The toxic chemicals used to produce the drug damages the skin and vital organs – causing skin and flesh to rot off and exposing the bone underneath. In many cases, users have had to have their limbs amputated, as the surrounding tissue became so infected. Organ failure and permanent brain damage can also occur, and most users reportedly die within two or three years of becoming addicted to the drug.
The krokodil crisis became so severe in Russia that in 2012, the government introduced new restrictions on the purchase of over-the-counter medications. Since then, the number of people using the drug has declined – but not stamped out altogether.
2. Devil’s Breath
Devil’s Breath, also known as scopolamine, is a dangerous new drug emerging in South America.
Derived from the beautiful flowers of the Borrachero tree, it has the potential to wipe a person’s short term memory, and is administered by simply blowing a white powder in the unsuspecting victim’s face.
According to police, this method has been used by street gangs to drug unsuspecting tourists – before robbing, sexually assaulting, or, in one horrifying case, removing their kidney. High doses can cause coma and even death.
Those who have felt the drug’s effects say they have no recollection of their ordeal – with one woman saying she had no memory of helping thieves ramsack her own house.
Scopolamine is so powerful that it was previously trialled by the CIA during the Cold War as a method of interrogating prisoners of war.
3. Bath Salts
‘Bath salts’ are a drug resembling the crystalline substance dissolved in bathwater. It is a type of synthetic cathinone, which is increasingly being used as a substitute for other drugs, including MDMA, LSD and cocaine.
Bath salts refer to a wide range of drugs known by various names, including Flakka, Bloom, Cloud Nine, Lunar Wave and Vanilla Sky.
Side effects include paranoia, sleeplessness, hallucinations and panic attacks – and some users have experienced effects so severe that they have brutally attacked other people.
In one case, a Miami man was shot dead by police after attempting to bite off chunks of another man’s face.
What’s more, bath salts are notoriously addictive – with a recent study suggesting that the drug is more addictive than ice.
4. Whoonga
In some African communities with high incidence of HIV/AIDS, a deadly new drug has emerged – called whoonga.
Whoonga is created by mixing drugs used to treat HIV/AIDS with other toxic substances, including rat poison and tobacco.
The drug is provided in a white powder, which is then smoked. Side effects include anxiousness, aggression, and heart and lung problems, and even deadly heart attacks.
The drug is so addictive that many become hooked after using it just once. And at just $3 a pop, whoonga is one of the cheapest drugs around.
Another concerning aspect of the spread of whoonga is the devastating indirect impact on HIV/AIDS sufferers – with manufacturers robbing sufferers of their live-saving medications.
5. GHB (Fantasy)
GHB is a depressant drug which has recently grown in popularity, especially in the nightclub scene – with users taking the colourless, odourless liquid to relax.
GHB’s effects are often compared to ecstasy (MDMA) – and for this reason, it is sometimes called ‘liquid ecstasy.’
But the highly addictive drug comes with a long list of dangerous side effects – including memory loss, blackouts, seizures, respiratory problems, coma, and even death.
Because of its sedative properties, GHB has been nicknamed the ‘date rape drug’ – used to spike the drinks of unsuspecting victims before sexually assaulting them.
So there you have it – five of the most harmful and addictive drugs around.
Late last year, we published a blog about the NSW Police Force’s controversial plans to expand roadside drug testing across the state.
The announcement received a mixed reaction – with police claiming that an increase in drug testing is necessary to reduce fatal collisions attributed to drug driving – while others, including Greens MP David Shoebridge, arguing that the effectiveness of roadside lick tests is questionable because they only detect the presence of illicit drugs – rather than the amount.
As Mr Shoebridge point out, this means that drivers who take drugs days or weeks before driving could potentially test positive – despite not being under the influence at the time of driving.
Mr Carrall’s Case
This was the exact predicament that NSW man Joseph Ross Carrall found himself in when he tested positive for cannabis in June 2015 – nine days after consuming the drug.
Mr Carrall was charged with drug driving and his case proceeded to a defended hearing in Lismore Local Court last week.
During the hearing, Mr Carrall testified that he last used cannabis nine days before driving – and had followed the advice of a police officer who previously told him to wait one week after using the drug before driving.
Mr Carrall raised the defence of ‘honest and reasonable mistake of fact,’ arguing that he relied on the advice of the police officer and only drove after he honestly believed the cannabis had cleared his system, and that his belief was reasonable in the circumstances.
Honest and Reasonable Mistake
In ‘strict liability’ cases – such as drink driving, drug driving and driving whilst suspended or disqualified – a person must be found ‘not guilty’ if they are able to establish that they ‘honestly’ believed that they did not commit the offence (eg have drugs in their system) and the belief was ‘reasonable’ in all of the circumstances.
The first requirement of ‘honesty’ is not normally difficult to establish; for example, in drink driving cases, a person who drives the ‘morning after’ may honestly believe the alcohol in their system is gone.
The more difficult part is proving that the belief was ‘reasonable’. It may, for example, be reasonable if a person’s drink was spiked and they thought they were tired rather than drunk, or if they relied on specific information from an expert or person in authority before engaging in the otherwise illegal conduct.
The Verdict
Lismore Local Court Magistrate David Heilpern accepted Mr Carrall’s defence and found him not guilty.
Such a finding is rare in drug driving cases – with just 4 drivers out of 3043 being acquitted between January and September 2015.
In terms of ‘reasonableness’, the Magistrate took into account the police officer’s advice that Mr Carrall could drive a week after smoking cannabis. He also considered the fact that it is difficult for people to know when drugs are no longer in their system.
Whereas in drink driving cases, there is a wealth of information about the fact that alcohol can remain in your system for over 24 hours, there is little information about how long different types of drugs remain in the system.
What Does This Mean for Drug Driving Laws?
Some argue that the decision opens the floodgates to contesting drug driving cases.
However, it should be noted that the defence of ‘honest and reasonable mistake’ has always been available in drug driving cases, and the facts of Mr Carrall’s case are quite helpful – especially the advice from police that he would be able to drive after a week. No doubt that if police have any sense, they will cease giving such advice to motorists.
Having said that, the lack of information about how long different drugs stay in a person’s system makes the defence of ‘honest and reasonable mistake’ a viable option where drivers are tested a significant period of time after having taken the drug, especially if they have received advice from a doctor or information through independent research that the drugs would no longer be present in their system.
According to National Coronial Information System data, heroin accounts for about 30 per cent of deaths from drug overdoses in Australia and the number is increasing.
People dying from heroin overdoses are usually young. Those who are fortunate enough to survive can face lasting mental and physical effects.
But as of February 1, the heroin antidote ‘Naloxone’ has been made available over the counter from pharmacists. The injectable medicine was previously only available with a prescription.
Naloxone reverses the effects of opioid overdoses by blocking the opioid from affecting the brain and nervous system, and reversing depression of the respiratory system, which causes people to stop breathing.
The move by the Therapeutic Good Administration (TGA) to reschedule Naloxone, making it available over the counter, has been welcomed by the drug reformists and medical practitioners.
The TGA received 97 submissions about the proposal to make Naloxone more easily available – every one of which agreed that the drug is safe to use, finding it has no effect on anyone without opioids in their system and has low to no potential for abuse. The TGA’s final decision was that the benefits of Naloxone outweigh any harm it might cause.
Angelo Pricolo runs a pharmacy in the Melbourne suburb of Brunswick. He spoke to the ABC’s The World Today program about what he has learned through providing an opioid replacement program to his community. Mr Pricolo said he made an application to the TGA after seeing the impact of heroin on his community and the ability for Naloxone to save lives.
“Australia will be seen as a little bit of a pioneer in this area and hopefully this decision will influence other jurisdictions to make a similar change to their drug policy,” he said.
Chief Executive of health research organisation the Penington Institute, John Ryan, cited a study which found another person (who could administer the Naloxone) was around for over half of opioid overdoses resulting in death. He said that sometimes, there was no time to wait for an ambulance or a prescription. Mr Ryan believes that if people are able to get a hold of Naloxone, it could mean the difference between life and death.
“People should always still also call an ambulance if they or someone with them is suffering from an overdose.
But increasing the availability of Naloxone beyond emergency departments and ambulances is all about trying to prevent fatal overdoses, because it is the quickest and best way to reverse the effects of an opioid overdose.”
Dr Alex Wodak is President of the Australian Drug Law Reform Foundation and recently retired from his position as Director of the Alcohol and Drug Service, St Vincent’s Hospital. Dr Wodak is not convinced that making Naloxone more freely available is the answer.
He believes there are other proven interventions that are plausible alternatives. In 2013, when the idea of making Naloxone available without a prescription gained momentum, Dr Wodak pointed out in his article published by The Conversation that:
“Although methadone and buprenorphine maintenance treatments reduce overdose deaths by about 80%, for instance, they are difficult to access in many parts of Australia.
And the payment required by patients in some programs makes them ridiculously unaffordable, especially for low-income people.
Providing more of this treatment in prison, especially for inmates close to release, is particularly important as recently released inmates have a very high rate of death from overdose in their first weeks back in the community.
But in most prisons in Australia, it is even harder to enrol in this treatment than in the community.”
Dr Wodak said more recently that while he welcomes the increased availability of Naloxone, this action does not address Australia’s problem with increased misuse of opioids. He told the Guardian that:
“Drug overdose deaths are rising at totally unacceptable levels, and while Naloxone might make some difference, getting more people who are addicted to drugs into treatment would make a much bigger difference.
Treatment is too limited in capacity and too inflexible in its design, and too much shaped by a drug prohibition environment.”
However, most agree that the increased accessibility of Naloxone is a step in the right direction when it comes to reducing deaths through heroin overdoses.
Being caught with drugs like marijuana, ecstacy and cocaine can result in heavy penalties and a criminal conviction – but did you know there are intoxicating drugs you can buy and consume legally?
Most of these ‘legal highs’ are traditionally used by ethnic groups as part of their social customs, rather than partying and having a good time. And unsurprisingly, while they have physical effects on the user, they are generally milder than most illicit drugs.
Here we discuss some of the ‘legal highs’ that you can get in Australia.
Khat
Khat is derived from the leaves and buds of the flowering Khat plant, which grows mainly in African and Middle Eastern countries. It is used in some Muslim, Somali and Yemeni cultures, in which users either chew the leaves and buds of the plant, or smoke, chew or drink dried product.
Khat is a stimulant drug, and short-term effects include accelerated heartbeat and breathing, high body temperature, increased sociability and reduced appetite. Some users compare the effects to coffee, in so far as it creates mild euphoria and excitement, and can even induce hyperactivity.
Khat can have unpleasant and even dangerous side effects – including constipation, dilated pupils, mental health problems, impotence and mouth sores. Long term use can lead to addiction, and users who stop suddenly can experience withdrawal symptoms including tiredness, trembling and problems functioning in everyday life.
Drug laws do not apply to khat in Victoria, New South Wales and Tasmania – but it is illegal and regulated under drug laws in Queensland, South Australia, Western Australia, the Northern Territory and the ACT.
Although the Australian government previously allowed up to 5 kilograms of khat to be imported for ‘personal use,’ the law was recently changed to prohibit importation except for medical or scientific purposes.
Kava
Kava is a depressant derived from the kava shrub. It is used in many Pacific Island cultures, including Fiji, Papua New Guinea, and Vanuatu – as well as many Indigenous communities.
Generally, the root and stump of the shrub is ground and soaked in water to produce a kind of tea, the consumption of which creates a sense of relaxation, sleepiness, reduced appetite and numbness in the mouth. Long-term effects include breathlessness, chest pains, malnutrition, skin problems and exacerbating mental health issues.
Current laws allow people to bring up to two kilograms of kava into Australia, but there are calls to prohibit importation due primarily to the drug’s impact on Aboriginal communities.
Kava has already been banned in Western Australia and the Northern Territory amidst fears that it is causing social destruction within Aboriginal communities.
In New South Wales, kava is classified as a Schedule 4 drug under the Poisons and Therapeutic Goods Act, meaning it is legal to possess with a written prescription from an authorised practitioner.
Alcohol and Tobacco
Many people do not classify alcohol and tobacco as drugs – but a staple of modern life. Yet in reality, these ‘legal drugs’ can be even more harmful than illegal ones.
A study published in 2010 found that alcohol was the most harmful drug when rated according to 16 criteria – including impairment of mental functioning, criminality, injury, mortality, dependence, economic cost, family adversity, and loss of relationships. Out of a 100-point harmfulness scale, alcohol scored 72, while heroin scored 55, and methamphetamine scored 33.
Tobacco also ranked above illegal drugs such as GHB, ketamine, LSD and ecstasy, with a score of 26, primarily due to the high mortality rate of users.
Incredibly, the least harmful drugs were those which are illegal, yet commonly used in the community. Magic mushrooms were found to be the least harmful drugs, with a score of 6, while ecstasy scored 9.
Many of our previous blogs have focussed on the current ice epidemic in Australia, with the highly addictive drug being blamed for spiralling rates of domestic violence and drug-related criminal activity.
Unfortunately, much of the government’s response to date has focussed on measures which seek to punish ice users, for instance, by setting tough penalties for drug offences, while failing to address the underlying reasons behind drug use.
This is contrary to measures successfully adopted in overseas countries such as Portugal, which aim to treat addiction as a health issue, rather than a crime. These countries have decriminalised drug possession; instead focussing on the rehabilitation of drug users as the primary concern.
Now, there are indications that Australia may be moving towards addressing underlying issues, with Prime Minister Malcolm Turnbull pledging $300 million in funding for the drug treatment sector over the weekend.
From Policing to Prevention
The package will see $300 million in funding distributed to drug treatment services across four years to curb drug-related activity.
Announcing the package on Sunday, the Prime Minister said that strong law enforcement is ‘absolutely necessary’ in winning the war against ice use – but conceded that ‘we cannot arrest our way to success.’
$241.5 million of the total package will be invested in the government’s Primary Health Networks, which include hospitals and other community health services. These networks will be tasked with developing tailored drug and alcohol treatment programs for particular regions.
A further $24.9 million is pledged to help families and communities respond to ice, while $18.8 million will be allocated to drug treatment research, including the establishment of a Centre for Clinical Excellence for Emerging Drugs of Concern. $13 million will be spent on new Medical Benefits Schedule items to increase access to treatment.
Rural and regional areas – which have long been dubbed ice ‘hotspots’ but lack access to treatment services – will benefit from a significant injection in funding, and indigenous-specific treatment services will also be prioritised.
The announcement follows the government’s promise of a revolutionary new mental health care system, a system which is in dire need of greater resources. The latest announcement signals a greater recognition of the link between mental health and drug abuse.
Minister for Rural Health Fiona Nash has discussed how the two systems would be integrated, saying:
‘Given the close correlation between mental health and drug abuse, we have closely aligned delivery of drug and alcohol treatment services with the delivery of mental health packages through PHNs.’
A Fresh Approach
Speaking to the media, Mr Turnbull announced that his government would be tackling drug addiction in a very different way to his predecessors.
He acknowledged that ‘the responsibility for tackling this very complex problem can’t be left to the police alone,’ and stated that ‘medical and healthcare professionals, who are closest to the…people in need, are best able to determine how the money is spent.’
The announcement has been warmly welcomed by Australian Drug Foundation Chief Executive John Rogerson, who said that a move away from the ‘one-dimensional approach to dealing with alcohol and drugs’ was much needed.
Mr Rogerson told the media:
‘A heavy emphasis on law enforcement turned into something which is integrate, which has strong focus on treatment, on prevention and community…This is the major shift which needs to happen in Australia…we have got to get away from treating it as a criminal justice issue and treating it as a health issue.’
The government’s fresh approach has also been welcomed by Former Chief of Victoria Police, Ken Lay, who prepared a report urging governments to focus efforts on treating, rather than punishing, drug users.
He has previously criticised the government’s handling of the ice scourge, saying:
‘Ice has been on the scene for over a decade and we’ve had a really strong law enforcement approach and it hasn’t resolved the problem. The time’s right now to look at the other options…For social problems like these, law enforcement isn’t the answer. Unless you get into the primary prevention end, unless you stop the problem occurring you simply won’t arrest your way out of this.’
It is hoped that this new approach marks a step in the right direction when it comes to treating drug addiction – and that the future will see an increased focus on treating our ice problem as a health concern, rather than a criminal law problem.
LSD, commonly known as ‘acid,’ is a hallucinogenic drug which causes users to experience distorted images, sounds and sensations.
Nowadays, it is enjoyed by those in search of a psychedelic experience – but when it was first synthesised in 1938 by Swiss scientist Albert Hoffman, it was hoped that it could be used as a treatment for psychiatric disorders. Despite its promising beginning, LSD was soon outlawed around the world due to concerns about an emerging ‘black market’ for the drug.
But one Swiss psychiatrist is determined to carry on Hoffman’s legacy by incorporating LSD into his psychotherapy practice.
Could LSD Have Medical Benefits?
Dr Peter Gasser is the only doctor in the world who is legally authorised to treat patients using LSD.
He was one of five doctors granted special permission from the Swiss Federal Office for Public Health in 1988 to research the use of LSD in treating psychiatric disorders; but the Swiss government banned the drug again in 1993. Despite this setback, Dr Gasser approached the Swiss Ministry of Health in 2007 for permission to conduct a study into the effects of the drug on patients suffering from terminal illnesses such as cancer.
According to Dr Gasser, LSD is particularly beneficial in treating ‘end of life anxiety,’ which refers to anxiety and other mental stressors experienced by those who suffer from terminal and life-threatening illnesses.
His 2007 study – which was the first controlled trial of LSD in the 21st century – involved prescribing moderate doses of LSD to 12 terminally-ill patients during two individual therapy sessions.
After taking the drug, each patient would spend time sleeping on a couch in Dr Gasser’s office while being observed. In some cases, the patients would discuss their emotional journey with the doctor, who would assist them in overcoming their fear of death.
Dr Gasser found that the drug provoked a ‘strong emotional experience’ which allowed patients to understand their existence in a broader context. The eight patients who received full doses of the drug reported a 20% improvement in their anxiety levels. Many patients left feeling ‘very satisfied’ with their sessions, and even requested further treatment.
In a recent interview, Dr Gasser explained:
‘Our concept was if someone gets a life-threatening disease, he’s really confronted with existential issues, which also may cause anxiety. To have this deep encounter with oneself—which is what an LSD experience can be—can help someone deal with these questions about life. There’s a stronger possibility of them being relaxed and accepting, which can make the anxiety lower when talking about death.’
Where to From Here?
Unfortunately, Dr Gasser’s 2007 trial was considered too small to be conclusive; but following its success, he was granted a special ‘compassion use’ permit by the Swiss government which allows him to continue treating patients using LSD.
Dr Gasser’s special permit does not confine him to treating cancer patients – but allows him to treat anyone using LSD provided he has a ‘good theory’ about how it could help.
One current patient had been severely sexually abused as a child and suffered dissociation as a result, but Dr Gasser prescribed her LSD under the belief that it could assist to have greater control over her dissociation. The patient reported benefits after taking just two treatments of the drug.
Dr Gasser is currently treating 7 patients with LSD. In each case, he carefully assesses the appropriate dosage, as well as the frequency of treatment.
He hopes that in light of his success in treating anxiety and other disorders, other governments will one day allow more doctors to treat their patients with LSD.
Around 1 million Australians suffer from depression at any one time.
The debilitating mental health condition is characterised by prolonged periods of ‘feeling low,’ a lack of energy and irritability, and a loss of interest in activities which are usually enjoyable. Chronic sufferers can remain bed ridden for prolonged periods of time and be unable to perform basic day-to-day activities.
While there are a range of medications available to treat the condition, the Black Dog Institute estimates that around a third of sufferers are unresponsive to anti-depressants.
The Institute hopes that a proposed new study will help sufferers in the future.
The Federal Government has recently announced a grant of $2 million to research the effectiveness of ketamine in treating depression.
Ketamine, also known as ‘Special K,’ is an anaesthetic and animal tranquiliser that is also used recreationally as a hallucinogenic drug. It can cause users to feel euphoric, experience feelings of physical detachment, confusion and clumsiness, as well as causing increased heart rate, slurred speech, anxiety and blurred vision.
It is currently classified as a Schedule 8 ‘drug of addiction’ under the NSW Poisons List – meaning that it can only be obtained with a valid prescription from a doctor. Using ketamine without a valid prescription can result in charges for drug possession, or for self-administration of prohibited drugs.
However, current research suggests that, used properly, ketamine could have positive short-term benefits for those who suffer from depression.
The Trial
Expected to commence in April 2016, the trial proposes to study the effects of ketamine on 200 participants who have been unresponsive to traditional anti-depressant medications. It will compare those effects against a control group who will be given a placebo.
The study will be headed by Professor Colleen Loo, a clinical and research psychiatrist based at St George Hospital and the Black Dog Institute, and will be run in joint partnership with the University of New South Wales.
It will aim to investigate whether ketamine is an effective and safe long-term treatment for depression. According to Professor Loo, previous studies suggest that a single treatment of the drug can ease the symptoms of depression in just a few hours, with the effects lasting up to several days.
Past Controversies
The use of ketamine as a treatment for depression has been the subject of controversy in the past, with an ABC investigation discovering that one business had been selling ‘take home kits’ containing up to 10 doses of ketamine.
Aura Medical, a commercial clinic based in Sydney and Melbourne, came under fire earlier this year after it was found to be selling the DIY treatment kits, and showing clients how to inject the drug without medical supervision. The clinic was selling the packages for up to $1,200 for a four week course of eight injections.
Those attending the clinic told the media that they were never informed that the substance was not approved by the Therapeutic Goods Administration, and were not offered any other treatment options or professional support. Patients were often given the drug after a short consultation, and did not require confirmation from their GP.
After finishing the initial course, the clinic told users that they would require further courses as it would be dangerous to stop the treatment suddenly. The clinic ended up pocketing tens of thousands of dollars from vulnerable people who were desperate for a solution to their condition.
The Black Dog Institute is concerned that such schemes could undermine their research, and has issued a statement advising people not to attend similar ketamine clinics, as the long-term effects of ketamine are not yet known.
The Insitute has also expressed concerns that giving users free reign over the drug without professional support could increase the risk of self-harm or even suicide.
Speaking to the media, Professor Loo said:
‘It’s very important… [that] this kind of treatment is done in a very carefully monitored clinical context with experts in psychiatry and mental health. If people try to bypass that and prematurely use it clinically, and then maybe find people are having terrible side effects…that could derail the whole process of developing what could actually be a useful drug.’
If the drug is proven to be effective, it could ultimately be approved as an anti-depressant by the Therapeutic Goods Administration, with users taking the drug in close consultation with medical professionals.