Case: Young Offender Granted Diversion for Trafficking Cannabis
Police executed a search warrant on our client’s home and found Cannabis. They arrested our client outside of the property and seized his phone requiring him to provide a Pin number or being charged with an offence for failing to assist. The phone contained SMS messages that indicating trafficking of Cannabis.
Charges/ Ch1 (Traffick Cannabis); Ch2 (Possess Cannabis); Ch3 (Deal with property reasonably susptected to be proceeds of crime); Ch4 (Dealing with proceeds of crime); Ch5 (Possess prohibited weapon)
Result/ Ch2, Ch4, Ch5 withdrawn. Diversion granted on Ch1 & Ch3.
Police initially refused to agree to a Diversion which would mean that our client escapes any criminal record. Our lawyer argued that the direction to provide a phone PIN was unlawful as our client’s phone was seized off warrant premises. As the evidence for trafficking rested solely on phone messages, the prosecution agreed to a Diversion given our client’s youth, lack of criminal history and mental health issues. The charge relating to a prohibited weapon was withdrawn as the objects were a toy and could not cause an injury.