Case note: possessing dangerous and restricted drugs

The charges

Possessing dangerous drugs, a large number of counts of unlawful possession of a restricted drug, possessing utensils, and failing to take reasonable care in respect of a syringe.

The background

Police executed a search warrant and located drugs, utensils and syringes at the premises. The restricted drug counts were contested. The client held valid prescriptions, but the quantities on hand were greater than what had been prescribed.

There was also relevant criminal history, which is a live sentencing consideration under the Penalties and Sentences Act 1992 (Qld).

What was done

Submissions were made to the Office of the Director of Public Prosecutions and discussions followed. More than half of the restricted drug counts were withdrawn.

At sentence, the prescription position and the surrounding circumstances were put to the magistrate in detail.

The result

The client was sentenced to 12 months imprisonment with immediate parole on the principal charges, and convicted and not further punished on the balance. No financial penalty was imposed.

The history, the number of counts and the seriousness of the allegations all told against that outcome. Every matter turns on its own facts, and nothing here suggests a similar result is available in another case.