Type of Allegation and Client Role
Client 1: 21-year-old male charged with 2 counts of Possess Prohibited Drug (ketamine and cocaine), contrary to section 10 of the Drug Misuse and Trafficking Act 1985 (NSW).
Client 2: 22-year-old male charged with 4 counts of Possess Prohibited Drug (ketamine, cocaine, magic mushrooms, and cannabis), contrary to the same provision.
Court
Background: Couple Charged After Sniffer Dog Detection at Sydney Club
Our clients, a young couple aged 21 and 22, were attending a nightclub in Sydney when they were approached by police officers accompanied by a drug detection dog.
Both were found in possession of small quantities of prohibited substances. The drugs included ketamine and cocaine for one client, and ketamine, cocaine, magic mushrooms, and cannabis for the other.
Police charged both clients under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW).
While these charges were for possession only, they still carried serious legal and personal consequences, including the risk of a criminal conviction, employment difficulties, and travel restrictions.
The clients had been going through a particularly stressful period in their personal and professional lives, and both acknowledged the poor judgment that led to the incident.
Preparation and Early Steps Toward Rehabilitation
Upon engaging Australian Law Advocates, both clients were immediately guided through a structured preparation process for their upcoming court appearance.
Given their young age and the number of prohibited substances involved, it was crucial to demonstrate genuine rehabilitation and remorse prior to sentencing.
Our firm compiled a comprehensive bundle of materials to support each client’s case.
This included:
A formal apology letter written by each client to the Court, acknowledging responsibility for their actions.
Several character references from family members, friends, and employers confirming their otherwise good character and community standing.
Employment documentation showing that both clients were engaged in stable, ongoing work.
In addition to these materials, both clients also attended multiple SMART Recovery sessions together, which are peer-based support meetings focused on addiction awareness and behavioural change. They also voluntarily completed a Drug Offenders Program, showing insight into the dangers of drug use and a commitment to personal improvement.
All of this evidence was critical in showing that the offending was isolated and out of character, and that both clients had taken serious steps to ensure it would not happen again.
Court Proceedings and Sentencing Submissions
The matter was heard before the Downing Centre Local Court.
During sentencing, Ms Morandin appeared on behalf of both clients and made detailed submissions urging the Court to exercise its discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) — now commonly referred to as a Conditional Release Order (CRO) without conviction.
The submissions focused on several key aspects:
The clients were young first-time offenders with no prior criminal history.
The quantities of drugs were small and clearly for personal use, rather than any commercial purpose.
Both clients had undertaken significant rehabilitative efforts before their first court appearance.
The impact of a criminal conviction on their employment, education, and future travel opportunities would be disproportionate to the nature of the offence.
The Court was urged to consider the purpose of sentencing in light of their early admissions, rehabilitation, and cooperation. Ms Morandin submitted that punishment had already been achieved through the stress, stigma, and loss of reputation the clients had experienced since the incident.
Outcome: Conditional Release Orders Without Conviction
After hearing submissions, the Magistrate accepted that both clients were remorseful and had made genuine efforts toward rehabilitation.
The Court also recognised the significance of their proactive participation in SMART Recovery and the Drug Offenders Program, and the support reflected in their references.
✅ Both clients were placed on Conditional Release Orders (CROs) without conviction for a period of 9 months.
✅ This meant that neither client received a criminal record or financial penalty.
✅ They were able to retain their employment and continue building their careers without restriction.
The Court remarked that the matter was an excellent example of young people learning from their mistake, taking accountability, and engaging in meaningful reform before sentencing.
Understanding the Legal Significance of This Outcome
A Conditional Release Order without conviction under section 10 is one of the most favourable sentencing outcomes available in New South Wales.
It allows an offender to avoid a conviction being recorded, provided they comply with certain conditions (such as good behaviour) for a set period of time.
This result demonstrated that the Court will take rehabilitation seriously when determining whether to record a conviction — particularly for young offenders who take early responsibility and engage with recovery programs prior to their court date.
For many clients, avoiding a conviction means protecting future opportunities, such as overseas employment, professional licensing, and travel visas — all of which can be jeopardised by even a minor drug possession conviction.
Legal Context: Section 10 Orders vs Dismissed Charges
It is important to understand the difference between a dismissed charge and a section 10 Conditional Release Order.
A dismissed charge means the Court takes no further action, whereas a section 10(1)(b) outcome (now a CRO without conviction) still imposes a period of supervision or good behaviour but without recording a conviction.
While both outcomes protect the client from a criminal record, the CRO offers a structured alternative that allows the Court to recognise rehabilitation and accountability while still enforcing compliance.
In this case, the clients’ voluntary completion of recovery programs and cooperation with legal advice provided strong justification for the Court to use its discretion under section 10 — resulting in an outcome that balanced fairness, accountability, and rehabilitation.
Tayla’s Insight
“Both clients did exactly what courts want to see — they took initiative, took responsibility, and proved through action that they had learned from the experience. Their preparation before court made all the difference.”
Charged with Possessing a Prohibited Drug in NSW?
If you’ve been charged with possession of a prohibited drug, early legal advice can make the difference between receiving a criminal conviction and walking away with no record.
Our lawyers at Australian Law Advocates regularly appear in the Downing Centre Local Court and other courts across NSW, defending clients charged with drug possession and related offences.
