Drug Possession Dismissal Without Conviction

Drug Possession Dismissal Without Conviction

Drug Possession Dismissal Without Conviction

On Friday at Fairfield Local Court one of our criminal law specialists received the best possible outcome for a client charged with Drug possession. John, one of our most trusted criminal law specialists made submissions to the Magistrate that the matter should be dealt with by way of a Section 10(1)(a).

This journey initially started with two charges of drug possession and a police facts sheet that was aggravating in nature. Our client was at home with his family when police stormed into the home with a search warrant. It was a devastating experience to be detained in your own home and charged with two offences in front of your family. National Criminal Lawyers® got to work straight away to bring our client closure as quickly as possible. Using his extensive knowledge of the law, John was able to negotiate the two charges of drug possession and reduce it to one charge. Furthermore, he was able to amend the police fact sheet to have the aggravating factors removed.

This is another successful day for National Criminal Lawyers®.

No matter what your charge is, National Criminal Lawyers® will guarantee you a senior criminal lawyer and the best possible outcome in the circumstances. Our knowledge of the law is second to none.

WHAT IS A SECTION 10(1)(a)?

Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (‘CSPA’) is one the sentencing options available to a Magistrate when deciding how to punish an offender. This is the best possible option available for anyone charged with any criminal offence. Pursuant to Section 10(1)(a) of the CSPA, the law states the following:

Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:

  1. an order directing that the relevant charge be dismissed,”

This means that you will be found guilty of the offence however the charge is dismissed with no criminal conviction.

WHAT DOES THE COURT CONSIDER WHEN DETERMINING SENTENCE?

National Criminal Lawyers® ensures that you understand what material the Court considers when determining sentence and we make sure that you are well prepared on the day of sentence.

Well before your day of sentence, our most trusted Sydney Criminal Lawyers we will obtain subjective material from you which includes, but not limited to, the following:

  1. Letter of apology;
  2. Character references;
  3. Qualifications and achievement documents; and
  4. Any other subjective material that will show the Court that you are remorseful.

SECTION 21A FACTORS TAKEN INTO CONSIDERATION?

The factors the Court takes into consideration when determining the appropriate sentence can be both aggravating and mitigating factors that are present in your case. These are located in Section 21A of the CSPA.

THE PURPOSE OF SENTENCING

The purpose of sentencing offenders is found at Section 3A of the CSPA. The Court takes into consideration, when determining an appropriate sentence, the following:

(a)  to ensure that the offender is adequately punished for the offence,

(b)  to prevent crime by deterring the offender and other persons from committing similar offences,

(c)  to protect the community from the offender,

(d)  to promote the rehabilitation of the offender,

(e)  to make the offender accountable for his or her actions,

(f)  to denounce the conduct of the offender,

(g)  to recognise the harm done to the victim of the crime and the community.

HOW TO INCREASE YOUR CHANCES OF A SECTION 10(1)(A)

There are many factors that the Court considers when determining what sentence to deliver in a matter. National Criminal Lawyers® has achieved many Section 10 results in the past, before a variety of different Magistrates all over New South Wales. The following points are paramount:

  1. The facts sheet. Remember, the Magistrate is aware of the offence. At this point the Magistrate reads the facts sheet before hearing any submissions why and how the offence should be dealt with. With that in mind, a facts sheet that is free from any aggravating factors or irrelevant and prejudice material will increase your chances of obtaining a Section 10.
  2. The Court must be satisfied that you are a person of good character. This is a paramount factor. Remember, the Court has already seen all material that may indicate you are not of good character. As indicated above, this is satisfied by preparing subjective material which includes, but is not limited to, the following:
  • Letter of apology; and
  • Character references.
  1. In addition to the above, the presentation must be short and effective. The Magistrate on the given day is pressed for time and they need to be persuaded why the matter should be dealt with leniently. National Criminal Lawyers® has extensive experience preparing and presenting submissions which are second to none.

WHAT ARE THE NEXT STEPS?

If you are charged with a criminal offence it can be a difficult time for you and your family. National Criminal Lawyers® will help you through these times. Contact one of our many offices to arrange a free initial conference. Alternatively, visit our website to obtain a sound understanding of your criminal charge.

CONTACT US

If you have been charged with an offence or think you are going to be charged, then you need expert advice early on. Call Michael and his team of expert lawyers at National Criminal Lawyers on  02 9893 1889 |  0415 179 794

 

 

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