The Queen v BB
BB was charged with one count of possess prohibited drug and one count of supply prohibited drug contrary to the Drug Misuse and Trafficking Act.
The facts in this matter involved BB attending a nightclub, attempting to avoid a police sniffer dog and subsequently being subject to a random body search. She had in her possession 17 capsules containing MDMA, weighing just over the indictable quantity of 5 grams.
Ongoing discussion between our office and the prosecution resulted in the charge being lowered from an indictable quantity to just below this threshold. Subsequently BB was tried in the Local Court rather than the District Court, saving on time and expense, and most likely contributing to her very reasonable sentence.
Following an appeal, BB was eventually dismissed under section 10 of the Crimes (Sentencing) Procedure Act (1999), and placed on a Good Behaviour Bond. This means she had no conviction or criminal record, due to her own ongoing efforts to change her lifestyle and seek psychiatric counselling, as well as her immediate admission of guilt.