The Queen v BE
BE was charged with ''possess a prohibited drug' contrary to the Drug Misuse and Trafficking Act 1985, the drug in possession being cannabis.
Unfortunately BE had previously been charged for the same offence, for which he had been placed on a Good Behaviour Bond pursuant to section 10(1) of the Crimes (Sentencing Procedure)Act 1999. In those circumstances the Magistrate was left with very limited sentencing options. The matter proceeded to sentence at Waverley Local Court.
Mr Cole persuaded the Magistrate not to convict BE for the subsequent offence. Instead, he was placed on a second Good Behaviour Bond pursuant to section 10(1), for a period of six months. This was a great result for BE considering he had previously been charged and escaped a criminal conviction for the same offence.