Charge of possess prohibited drug whilst on conditional liberty

The Queen v HW

HW was charged with 'possess a prohibited drug' contrary to the Crimes Act 1900. He had in his possession 6 capsules of MDMA. 

Unfortunately for HW, at the time he was charged with this offence he was on conditional liberty, namely serving a suspended sentence pursuant to section 12 of the Crimes (Sentencing Procedure) Act 1999 for a previous offence of driving with a high-range prescribed concentration of alcohol. 

The matter came before the Downing Centre Local Court. The presiding magistrate had limited options in determining what the appropriate action would be in regard to the breach of the section 12 bond. 

Mr Cole persuaded the magistrate to allow HW to be assessed for an intensive correctional order. The matter is next listed for sentence in late 2017.