JM was charged with two counts of possess prohibited drug contrary to the Drug Misuse and Trafficking Act 1985.
The facts in this matter involved JM being stopped and searched by police, after he had been witnessed leaving a location that police were attending due to suspicious activity. Upon sighting the approaching police, JM attempted to walk quickly away. A body search revealed a small quantity of marijuana and a single dose of LSD.
Police justified conducting this random search due to JM’s proximity to the location where allegedly suspicious activity had occurred, and due to the fact that upon sighting police, JM had walked quickly away as if trying to avoid an interaction. However without this ‘reasonable suspicion’, JM would have had the legal right to decline this random search.
In order to best benefit himself before a judge, JM was advised by Bill O'Brien to commence a drug and alcohol treatment plan, and to attend psychological appointments regarding his drug and alcohol dependency. His charges were dismissed under s32 of the Mental Health (Forensic Provision) Act, as his ongoing depression and anxiety classified him as a person suffering a ‘mental condition’.
JM was able to avoid a criminal conviction, and has been ordered to continue a treatment plan in place of criminal sanctions.