Case note: a drug driving charge in New South Wales

The charge

One count of driving with an illicit drug present in the driver’s system, contrary to the Road Transport Act 2013 (NSW). The drug was cannabis, used the previous evening. Presence offences do not require impairment, only detection.

For a first offence in New South Wales at the time, the charge carried a fine and an automatic court-ordered disqualification of six months, which the court could reduce to a minimum of three months.

What was done

The work happened before the sentence date. The client was assisted to enrol in a Traffic Offenders Program and in SMART Recovery Australia, and continued with a counsellor after completing both.

He also engaged with his community and with organisations he was affiliated with, and voluntarily undertook ongoing testing to evidence sobriety.

A plea of guilty was entered and the matter was listed for sentence.

The result

At sentence, submissions covered the client’s remorse, the steps taken since the offence and his commitment to rehabilitation. The court was also taken to the effect a drug related conviction would have on a young person’s career prospects.

The court dismissed the charge under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), so no conviction was recorded and no disqualification followed. The presiding judicial officer was persuaded by the rehabilitation material and by the consequences a conviction would have carried.

A section 10 dismissal is a discretion and it is not commonly exercised. What made the difference here was material prepared over months, not submissions made on the day. Every matter is decided on its own facts and in its own jurisdiction, and nothing here indicates what another court would do.