ReSULTS

Possession of Drug of Dependence / Adjourned Undertaking

Case: Caught in a car with drugs while having a seizure.

Client was suffering brain cancer and pulled over their car sensing the onset of a seizure. Police intercepted and unlawfully searched the vehicle finding drugs. Case was dealt with in 2015 by Legal Aid however client was informed there was a warrant for her arrest for failing to attend court 7 years earlier.

Charges/ Ch1, 2, 3  (trafficking drug of dependence); Ch4, 5, 6. 7 (possession drug of dependence); Ch8 (proceeds of crime)

Result/ Ch2 to 9 Withdrawn; Ch 1 Amended to Possession of Drug of Dependence – 60mo adjourned undertaking with $1500 donation

BCL Lawyer made enquiries with Legal Aid who had no notes about our client’s case. The police informant was no help and refused to make enquiries about our client’s version of events that other people had access to the car and the drugs were not hers. It was agreed in negotiations that the 7 years that transpired made obtaining any corroborative evidence difficult and the prosecutor agreed to resolve our client’s matter on a single charge of drug possession.

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