The Queen v JM
JM was charged with one count of 'possess prohibited drug' (cocaine) contrary to the Drug Misuse and Trafficking Act 1985.
The facts involved JM being approached by police whilst out at night in the city. Police witnessed JM enter an unknown person's car for a short while and leave again, alerting their suspicions that he may have been purchasing prohibited drugs.
JM immediately informed the police he had four bags of cocaine on him and showed these to police. The total quantity was 2.8 grams.
Bill O'Brien represented JM, and suggested he undergo psychological analysis to see whether he was suffering from a mental condition such as anxiety due to his extremely high levels of stress.
Subsequently the matter came before the Downing Centre Local Court, and O'Brien made submissions that JM should be sentenced under section 32 of the Mental Health (Forensic Provisions) Act.
The presiding magistrate accepted these submissions, and ordered JM to continue a psychological treatment plan as a replacement for a punitive sentence. He did not receive a criminal conviction and was able to continue with his employment and daily life.