Background: Serious Drug and Proceeds of Crime Allegations
Our client, a 20-year-old male with no prior criminal history, was initially charged with multiple serious offences, including:
Three counts of drug supply – section 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (cannabis leaf)
One count of recklessly dealing with proceeds of crime – section 193B(3) of the Crimes Act 1900 (NSW)
One count of possess prohibited drug – section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) (cannabis oil vape)
Drug supply offences carry significant penalties, and when combined with a proceeds of crime allegation, exposed the client to a real risk of multiple convictions and long-term consequences that could permanently affect his future.
Given the client’s age, the seriousness of the allegations, and the potential impact on his education and employment prospects, early and strategic legal intervention was critical.
Early Legal Strategy: Challenging the Scope of the Charges
Negotiations with Police
After reviewing the police brief, Australian Law Advocates identified weaknesses in the prosecution case relating to the number and characterisation of the alleged supply offences.
We made detailed legal representations to police, addressing:
The circumstances of the alleged supply activity
The proportionality of the charges
The client’s age and lack of prior criminal history
As a result of these negotiations:
Two sequences of drug supply were withdrawn, and
The recklessly dealing with proceeds of crime charge was withdrawn entirely
This significantly reduced the seriousness and complexity of the case before it reached court.
Rehabilitation and Sentencing Preparation
Participation in the MERIT Program
To address the underlying issues contributing to the offending, the client voluntarily participated in the MERIT Program (Magistrates Early Referral Into Treatment), which focuses on addressing substance misuse through treatment and counselling.
This participation demonstrated:
Insight into his behaviour
Willingness to engage in rehabilitation
Commitment to avoiding future offending
Material Prepared for the Court
In preparation for sentencing, our team compiled a comprehensive sentencing bundle, including:
A personal letter of apology from the client
Character references confirming his good character and community standing
Evidence of participation in the MERIT Program
This material was central to demonstrating that the offending was isolated, youthful, and capable of being addressed through rehabilitation rather than punishment.
Court Submissions: Seeking a Non-Conviction Outcome
At sentencing before Manly Local Court, we urged the Court to exercise leniency and not record any convictions, submitting that:
The client was young and of prior good character
He had taken early responsibility for his actions
Significant charges had already been withdrawn following negotiations
He had undertaken meaningful rehabilitative efforts through MERIT
Recording a conviction would be disproportionate and damaging to his future
We submitted that accountability could be achieved through community-based orders without the need for a criminal record.
Outcome: No Convictions Recorded
The Court accepted the defence submissions.
✅ The client received a Conditional Release Order without conviction for a period of 12 months on the remaining drug supply charge
✅ The possession offence was dismissed without conviction pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
✅ No criminal convictions were recorded
This outcome allowed the client to move forward without the burden of a criminal record and continue his rehabilitation and personal development.
Why This Outcome Matters
Drug supply allegations can have lifelong consequences, particularly for young offenders. This case demonstrates the importance of:
Early legal advice
Strategic charge negotiations
Engagement in rehabilitation programs
Properly prepared sentencing material
With the right approach, even serious drug matters can be resolved in a way that prioritises rehabilitation over punishment.
Tayla’s Insight
“This case highlights how important early negotiations and rehabilitation are for young clients. Reducing charges and focusing on treatment can completely change the trajectory of a person’s life.”
Charged with Drug Supply or Drug Offences in NSW?
If you’re facing drug supply, drug possession, or related offences, early advice can make a decisive difference to the outcome.
The lawyers at Australian Law Advocates regularly appear in Manly Local Court and across NSW, securing reduced charges and non-conviction outcomes for young offenders.