Successful Severity Appeal, Non-Conviction for Drive Motor Vehicle with Illict Drug Present In Blood

BD pleaded guilty to the offences of ‘Drive motor vehicle with illicit drug present in blood’ and ‘Possess prohibited drug’ in the Local Court. In the Local Court, she was fined $500.00 and received the minimum license disqualification of 3 months with respect to the first charge. The sentencing Magistrate subsequently dismissed the second charge.

BD instructed Chris Cole to file a Severity Appeal to the District Court with respect to the conviction recorded and fine imposed concerning the first charge. Chris appeared at the Appeal Hearing. He tendered various materials including BD’s Affidavit, character testimonials, and sentencing statistics, etc. Despite the Appeal Judge not being receptive of the submissions initially, ultimately, the Appeal Judge upheld the Appeal and dismissed the offence pursuant to s10(1)(a) Crimes (Sentencing Procedure) Act.

This was a pleasing outcome for BD.

Non-Conviction Sentence for a Second Drive with Illicit Drug Present Offence

PC was charged with ‘Drive motor vehicle with illicit drug present in blood’, contrary to section 111(1)(a) Road Transport Act 2013. This offence carries a maximum penalty of 30 penalty units or $3,300 fine and an automatic license disqualification 12 months.
Chris Cole represented PC at his Sentence. Various materials were tendered including a MERIT report, urinalysis reports, and Traffic Offenders Program completion certificate. Ultimately, the Presiding Magistrate agreed with Chris’s submissions and imposed a Conditional Release Order without conviction for 2 years.

This is a very pleasing result which sees PC remain ‘on the road’.