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BRIAN WALKER CRIMINAL LAWYER

Sydney Drug Lawyer

From obtaining no criminal record for drug possession charges to having serious drug supply charges withdrawn. Make sure you get a barrister to represent you.

Specialising in:

– Drug Possession Charges
– Commercial Drug Charges
– Supply Prohibited Drug Charges
– Drug Importation Charges
– Cultivate Prohibited Plant charges

My client was charged with:

  • High Range Drink Driving With an Illicit Drug in system,
  • 2 x Drive Whilst Disqualified,
  • Drive with illicit drug in system.

Following advice, my client plead guilty and was sentenced at Parramatta Local Court. During sentencing submissions, submissions were made to the learned Magistrate concerning my client’s rehabilitative efforts as well as circumstances that had effected his life at around the time of the offending behaviour. Submissions were provided for the types of foundations that had been put in place in an effort to stop my client’s offending behaviour, thereby protecting him and the community from further potential harm.

Despite my client previously having a Mid Range Drink Driving charge in his history, ultimately His Honour was persuaded to put my client on a community based good behaviour bond with a fine and to impose the minimum allowable disqualification period for the offences.

This was a great result for my client who was facing the possibility of a jail sentence and a licence disqualification of 6 years.

My client was charged with possession of a number of bags of cocaine after being caught purchasing them from a ‘Dial a Dealer’ modus operandi transaction in the Sydney CBD.

My client was greatly concerned about the potential for this criminal charge to derail his professional career that he had worked on tirelessly for a number of years.

Following advice, my client plead guilty. During sentencing proceedings in the Downing Centre, legal submissions were provided to the Magistrate about the need to deter other people in the community taking part in drug transactions and the organised crime that flows from the drug trade. Submissions were also made concerning the punishment and denunciation of my client’s actions which needed to be considered during sentencing. It was also highlighted to the learned Magistrate as to the personal circumstances of my client and the rehabilitative efforts he had made post the offending.

After legal submissions were made, Her Honour decided that it was not warranted to provide my client with a criminal conviction and exercised her discretion to not record a conviction against my client.

This was a great result for my client who was facing the next 10 years with a criminal record for drug possession which would have stifled his professional career aspirations.

My client incurred a licence suspension for driving with illicit drug present in oral fluid, blood or urine which incurred a 3 month suspension upon the payment of the fine. My client appealed against the suspension of his licence and the appeal was heard at Blacktown Local Court.

Submissions were provided relating to the discretion that the learned Local Court Magistrate held to review the decision and impose an alternate penalty. My client’s subjective case was presented including the effect that the 3 month licence suspension would have in terms of his interpersonal and financial issues. Ultimately His Honour was satisfied on the basis of my client’s subjective case that an alternate penalty other than that imposed by Transport NSW ought to be imposed. On that basis, His Honour upheld the appeal. This means that my client now incurs no licence suspension despite paying the fine.

This was a great result for my client who can now continue driving with no Driver’s Licence suspension.

My client was charged for his alleged involvement with a prohibited substance amongst other charges. Following advice, my client plead not guilty. One the day of the defended hearing, after negotiating with prosecutors, an agreement was reached whereby the drug charge would be withdrawn. This left only a minor charge that my client agreed to plead guilty to on an amended factual scenario. The amended factual scenario and reduction in charges significantly lowered the objective level of criminality involved in the offending. Given the lower level of criminality, a sentence commensurate with this offending was imposed by the learned Magistrate which resulted in no conviction/criminal record being recorded. This was a great result for my client who was initially facing charges which carried jail time as a maximum penalty.

My client was charged with 3 counts of possessing drugs after attempting to enter a music festival with the drugs contained on his person. My client was stopped by police, subject to a search and subsequently charged and summoned to appear at Waverley Local Court to answer the drug possession charges.

Following advice, my client plead guilty. During sentencing, submissions were made concerning my client’s personal circumstances, what he had done after the offending conduct to try and reduce his risk of re-offending, and why the purposes of sentencing would be met if no conviction was recorded against my client. Ultimately Her Honour was satisfied that no conviction should be recorded against my client and Her Honour ordered as such.

This was a great result for my client who maintains his conviction free record.

My client was charged with possession of an illicit drug, and driving with an illicit drug present in oral fluid on two other occasions. My client was a professional and was concerned about the impact that these criminal charges could have upon his career. My client underwent a psychological evaluation and subsequently a mental health application was made at Burwood Local Court.

During the application, submissions were made concerning the considerations that must be given when a Magistrate considers exercising their discretion and diverting a mentally disordered offender from the criminal justice system. Submissions included consideration of the cases of DPP v El Mawas [2006] NSWCA 154 and Confos v DPP [2004] NSWSC 1159 which considered the former mental health legislation prior to the 2020 amendments.

Ultimately His Honour was satisfied that it was in the public interest to divert my client away from the criminal justice system and place my client on the proposed treatment plan.

A great result for my client who can now focus on his rehabilitation without any criminal record.

My client was charged with possession of a prohibited drug (cocaine) at Coogee Bay Hotel. My client was concerned about the impacts that a drug possession conviction could have on his future job prospects and potentially overseas travel. Following advice, my client decided to plead guilty.

During sentencing, His Honour indicated that due to my client’s rehabilitative efforts post the offending, the references who vouched for his good character outside of this offending and due to his overall presentation, my client would not be a good vehicle for a conviction and noted that the impacts of a criminal conviction can often reach beyond the four walls of a court with references to cases such as R v Ingrassia (1997) 41 NSWLR 447 and R v Mauger [2012] NSWCCA 51 .

Ultimately, His Honour sentenced my client to a conditional release order (which is a type of good behaviour bond) pursuant to section 9(1)(b) and section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This was a great result for my client who can move forward with his career aspirations with a criminal conviction in his record.

My client was charged with drug possession after being stopped by police after what appeared to be a drug transaction taking place through a “dial a dealer” modus operandi. My client was gravely concerned about his future job/career/and travel prospects arising out of a potential drug conviction. Following advice, my client plead guilty and sentencing proceeded at the Downing Centre Local Court.

During sentencing, submissions were made to the Magistrate concerning my client’s personal circumstances and the context which lead him to engage in illicit drugs as well as the rehabilitative efforts my client embarked upon after being caught by police. Whilst His Honour was scathing on my client for being involved in the Sydney drug trade which has a highly detrimental effect on the community, His Honour was satisfied that in my client’s unique circumstances a criminal conviction/record would not be warranted. As such, my client received a community based order with no conviction.

My client was charged with indictable drug supply for a large quantity of cocaine and was facing the prospect of jail time. Following advice, my client plead guilty. During sentencing at Bathurst Court House, submissions were made concerning the rehabilitative efforts my client had made since getting caught by the police and the circumstances which lead him into engaging in drug supply. Ultimately Her Honour was satisfied that subjecting my client to a term of imprisonment would not benefit the community nor my client. As such, Her Honour sentenced my client to a community based order. This allows my client to maintain his freedom and liberty within the community while continuing to work on his rehabilitation and continue a crime free lifestyle.

During a night out in Surry Hills, my client decided to purchase cocaine. She purchased cocaine from a “dial a dealer” drug supplier. Unfortunately for my client, police were watching the suspected drug transaction and were suspicious of my client’s action. They approached my client, activated their body worn camera, introduced themselves by name, rank and station and proceeded to ask my client questions. My client admitted to being in possession of cocaine and was subsequently searched. The cocaine was seized and my client was charged with drug possession.

My client was a professional and deeply concerned that she had ruined her future career and travel prospects. After contacting me and following advice, my client plead guilty and proceeded to be sentenced at the Downing Centre Local Court. During sentencing proceedings, submissions were made to Her Honour as to the good character of my client despite this criminal offence and discussions were had concerning the high chances of my client rehabilitating herself and the low chances of reoffending. Ultimately Her Honour was satisfied that the purposes of sentencing would not be achieved by recording a conviction against my client and my client was released on a conditional release order without conviction.

This was a great result for my client who can now continue her professional career and future travel with no criminal record.

My client was engaging in “Dial a Dealer” cocaine supply in the Surry Hills area in Sydney. Police were patrolling the area and took notice of my client. Police stopped my client and searched his vehicle where they found 16 bags of cocaine as well as an amount of cash.

My client was concerned about going to jail.

Upon sentencing at the Downing Centre Local Court, submissions were made to His Honour regarding the circumstances in my client’s life which influenced him to make the decision to sell drugs, his remorse, contrition and his plans and prospects for the future as well as the steps that my client had taken after the offence to mitigate any risk that he would continue to offend.

Ultimately even though His Honour was of the view that my client’s drug dealing warranted a jail sentence, His Honour was persuaded that the jail sentence would be served by way of an “intensive corrections order”, which means that my client serves his sentence in the community and maintains his freedom. This was a great result for my client who was theoretically facing a maximum penalty of 15 years imprisonment.

My client was charged with indictable drug supply, a charge with carries a maximum penalty of 15 years imprisonment. 61.9% of offenders receive a jail sentence for this kind of offence. Following advice, my client plead guilty. Prior to sentencing my client undertook  a number of rehabilitative steps to demonstrate that the chances of him re-offending were minimal. Upon sentencing, submissions were made concerning the rehabilitative efforts that my client had made and some context was context was provided to His Honour regarding how my client ended up before the court on a drug supply charge.

Ultimately His Honour was satisfied that my client’s prospects of rehabilitation were good and that he was unlikely to re-offend. As such, His Honour imposed a penalty of a fine only upon my client. This means, no jail, no bond, no community service. This was an excellent result for my client with less than 1% of offenders for this charge receiving a penalty of a fine only.

This now allows my client to move on with his life with his freedom and live a crime free lifestyle.

My client was on a night out in Double Bay and had just purchased a bag of cocaine. Plain clothes police were on patrol actively looking for drug activity in the area. My client was stopped, searched and charged with drug possession of cocaine contrary to section 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW).

Following advice, my client plead guilty and proceeded to sentencing at the Downing Centre Local Court. Upon sentencing, submissions were made concerning my client’s interactions with police and their rehabilitative efforts post the offence.

Despite the prosecution submitting that the dial a dealer modus operandi was a scourge on society, Her Honour was satisfied that a conviction should be recorded against my client. This was a great result as it allowed my client to leave the court with no criminal record.

During the holiday season, my client was engaged in “dial a dealer” drug supply transactions around Sydney. Undercover police were targeting this type of drug supply in the inner city area. Unbeknownst to my client, police were watching as he picked up people in his car and dropped them off a short time later. Police followed my client and pulled him over in his car. Police searched his vehicle and during the search located an indictable quantity of cocaine, an indictable quantity of MDMA, a sum of cash and multiple mobile phone with messages potentially relating to drug transactions.

My client was charged with two counts of “supply a prohibited drug” as well as dealing with the proceeds of crime.

During detailed sentencing proceeds at the Downing Centre, submissions were made concerning the objective seriousness of the offending, the harm to the community, my client’s personal circumstances, his reasons for engaging in drug supply, as well as his rehabilitative efforts post arrest.

Ultimately His Honour was satisfied that despite the seriousness of this matter, a custodial sentence of full time imprisonment would not meet the objectives of sentencing, and subsequently my client was released into the community subject to certain conditions.

This was a great result for my client who was potentially facing jail time.

Police and drug detection dog ‘Zoran’ were patrolling a Sydney bar. Zoran stopped as he had detected drugs. During a subsequent police search, my client was found to be in possession of a prohibited drug and provided a Court Attendance Notice to attend Newtown Local Court.

My client approached me concerned about a drug conviction impacting his sporting and professional career as well as what a drug conviction could do to his future travel opportunities.

Following advice, my client plead guilty. During sentencing, submissions were made with the learned Magistrate concerning the rehabilitative efforts that my client had made since being caught with drugs and why he was unlikely to reoffend. Ultimately Her Honour was satisfied that my client should not receive a conviction for this offence and my client was placed on a good behaviour bond without conviction.

At Waverley Local Court, my client was facing sentencing for drug possession. Namely, he was caught with cocaine at Coogee Pavilion. My client was concerned about the impact that a potential drug conviction could have on his future employment prospects as well as his future ambitions to travel to the USA.

Following advice, my client undertook rehabilitative efforts after being caught with the drugs. He also addressed his criminogenic issues. After providing all the information to the Learned Magistrate, His Honour was satisfied that a conviction was not warranted in my client’s matter and decided to exercise his discretion in releasing my client on a conditional release order without conviction. This is a great result for my client who can now pursue his employment and travel ambitions (post COVID-19).

During a Saturday night, police were patrolling Hotel Bondi targeting drug related crime. When my client saw police, he made a quick walk to the toilets but was stopped by plain clothes police. My client was subsequently searched and found to be in possession of cocaine. He was subsequently charged with possessing a prohibited drug contrary to section 10(1) of the Drug Misuse & Trafficking Act 1985 (NSW)  and summoned to appear at Waverley Local Court.

My client contacted me concerned about what implications this drug possession could have for his work, his visa and any future travel plans. After reviewing his case, my client followed advice to plead guilty. Upon sentencing, submissions were provided to the learned Magistrate concerning my client’s subjective features, his mental health issues and the context which led to the offending behaviour. Ultimately His Honour was satisfied that the purposes of sentencing could be achieved without subjecting my client to a conviction. This was a great result for my client who can now continue his life knowing that he does not have a criminal conviction in his record.

My client was selling commercial quantities of MDMA. Unbeknownst to him, the buyer was an undercover police officer. My client was subsequently arrested, charged and remanded into custody.

My client approached me for advice. After reviewing his case, I negotiated with the Office of the Director of Public Prosecutions (ODPP) to downgrade and lower the charges. Once this occurred, my client then plead guilty.

Upon sentencing, submissions were provided to His Honour concerning my client’s subjective circumstances including his background, his mental health issues and his rehabilitative efforts in custody after being arrested. His Honour was satisfied that with time served in full-time custody, my client deserved to serve the remainder of his sentence in the community subject to an Intensive Correction Order. A great result for my client who was released from custody on the day of his sentence. My client can now continue his rehabilitative efforts, including addressing his mental health issues and embark on being a law abiding citizen. A great result for my client!

On a Saturday night at the Royal Oak Hotel, my client was in possession of a bag of cocaine. Police with drug sniffer dogs were searching the area and noticed suspicious actions between my client and her friends once they spotted the police dog. Police subsequently introduced themselves and conducted a search. My client was found to be in possession of the cocaine and was subsequently charged with Drug Possession.

My client approached me concerned about her future work prospects and future travel plans if she were to receive a drug conviction. Whilst assisting my client, we prepared for her sentencing. Upon sentencing, submissions were made to the learned Magistrate concerning my client’s history, her interactions with police, her background and the steps to rehabilitate herself that she had taken since being caught by police. His Honour was asked not to record a conviction against the offender. His Honour was ultimately persuaded that this was the best course of action and that the principles of sentencing could be achieved by not recording a conviction.

This was a great result for my client who can now maintain her clean name and continue to pursue her career and travel ambitions without a drug conviction.

During March 2021, NSW Police Detectives were conducting patrols in Bondi Beach targeting drug supply. Detectives were specifically targeting the “dial a dealer” modus operandi.

Outside Hotel Ravesis, my client purchased cocaine from a ‘dial a dealer’ drug supplier. Plain clothes police observed this and subsequently stopped my client. My client was searched and police located a bag of cocaine in his pocket.

My client approached me concerned about a criminal record affecting his future work prospects and potential visa applications for travel overseas post-COVID. After seeking my advice, my client was advised to plead guilty.

My client was provided advice on the rehabilitative steps he could take to demonstrate to the Court that he was on the path of rehabilitation. My client was provided advise on the different considerations that inform criminal sentencing. My client had several shameful discussions with friends and family concerning his criminal charges.

During sentencing at Waverley Local Court, the Learned Magistrate considered all the material that had been tendered on my client’s behalf and considered the law and the purposes of sentencing. Ultimately His Honour was satisfied that my client’s offending did not warrant a conviction partially based on his conduct after being arrested and charged. This was a great result for my client who can now maintain his criminal free character and continue his rehabilitative efforts.

My client was selling Ecstasy capsules at the Arq nightclub in Sydney on a Friday and Saturday night. NSW Police were conducting a controlled operation, acting as undercover police and purchasing the drugs from my client pretending to be a patron.

NSW Undercover Police purchased drugs from my client on 4 separate occasions before arresting her. Upon her arrest and search, they located 95 MDMA capsules.

My client was charged with a number of charges. Through negotiations with the Office of the Department of Public Prosecutions (DPP), a  number of the charges were withdrawn. My client plead guilty to the remaining charges.

At sentencing in the District Court, submissions were provided to Her Honour regarding my client’s background, her rehabilitative efforts since the arrest as well as legal principles regarding full-time custody being an option of last resort and how the imposition of a community based sentence would assist the community in my client not having the opportunity to develop settled criminal habits if she was given a sentence of full time custody.

Ultimately Her Honour was satisfied that the purposes of sentencing could be achieved by sentencing my client to an Intensive Corrections Order which is a form of imprisonment that is served in the community. This allows my client her freedom and allows her to continue her rehabilitative efforts whilst in the community.

My client was charged with supplying an indictable quantity of meth. An indictable quantity is larger than a small quantity but lower than a commercial quantity. It results in a jail sentence in approximately 25% of cases depending on a range of factors.

My client had served 2 months in custody on remand in relation to this charge. My client engaged my services wanting to leave jail and not face anymore time in jail. I reviewed the evidence provided by police and advised my client to plead guilty which he subsequently did so.

On sentencing at Sutherland Court House, I made submissions to the Learned Magistrate concerning the circumstances which resulted in my client engaging in drug supply as well as the steps he had taken to improve himself since he had been in custody amongst other things. Ultimately His Honour was satisfied that my client had spent enough time in custody already and released him into the community subject to certain conditions including to abstain from drugs. A great result for my client who can now continue his rehabilitative efforts in the community.

Whilst trying to buy meth, my client was stopped, searched and arrested by undercover police. My client was found in possession of meth. The police took his phone and found other incriminating material on his phone.

My client came to me for advice concerned about the impacts that a drug conviction could have on his future livelihood and career prospects.

I represented my client at Waverley Local Court and made submissions to the Learned Magistrate concerning the rehabilitative efforts that my client had made and why he should not be a vehicle for general deterrence i.e. why he should not be made an example of to the community. The Learned Magistrate accepted my submissions and found the charge proven but dismissed under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW). This was a great result for my client who received no fine, no bond, no conditions and no conviction. This allows him to get on with his life and rehabilitative efforts without a criminal record.

After a night out, my client was staying at a hotel in the city and police were called for a separate domestic violence related matter. Whilst the police were inside the hotel room, they noticed cannabis and subsequently arrested my client and issued him with a court attendance notice and a drug possession charge.

My client was concerned about the impacts that a drug possession conviction could have on his future career prospects considering the future police checks that could occur and also about future (post COVID) international travel to places such as the USA.

Following advice, my client plead guilty at the Downing Centre and I negotiated with police to amend the FACTS sheet that was being presented to the Magistrate. Upon sentencing, I made submissions to the Magistrate concerning my clients remorse, contrition, acceptance of guilt and statutory entitlement to a discount on sentence. I made further submissions about my client’s background, the previous hardships that he had experienced and how he dealt with those hardships. Character references and a letter of apology were also provided to the Magistrate on behalf of my client.

His Honour was satisfied that even though my client plead guilty and the matter was found proven, that given the circumstances, no penalty should be imposed and the matter was formally dismissed.

A great result for my client who can maintain his clean character and clear criminal record.

My Client was on a night out at the Greenwood Hotel at North Sydney attending a “Sash” music festival.

Undercover police were patrolling the area looking for drug activity. My Client pulled out a bag of 20 MDMA capsules to show a friend. Police observed this, approached my client and tried to talk to him. My Client ran but was eventually caught.

My Client had thrown the bag of MDMA capsules but police saw him throw it and subsequently took possession of the bag.

During the Local Court Hearing at Manly Court House, arresting police officers were cross examined. Due to the quantity of the drugs, legally police were not required to actually prove that a “supply” had occurred. My Client bore the onus of proving to the Court that the drugs were not for supply. Submissions were provided to the Learned Magistrate concerning the lack of indicia of drug supply including no money, no separate bags, no scales, no weapons, and no communications of drug supply.

Ultimately His Honour was satisfied that the drugs found were not for the purposes of supply and subsequently dismissed the charge, leaving my client to move on with his life.

My Client was driving through Parramatta when she was allegedly observed falling asleep at a set of traffic lights by police. Police subsequently stopped my client and subjected her to a number of sobriety related tests to which the police allege that my client failed. This ultimately culminated in my client being taken to the hospital for blood tests. My Client was subsequently charged with driving under the influence of drugs.

My Client plead not guilty and we defended the charge on her behalf.

During the Hearing at Parramatta Local Court, the arresting police officer’s were cross examined as to not taking a photo or video of my client allegedly falling asleep at the wheel. Weather conditions and bespoke conditions to my client were raised to the Magistrate which explained why my client may have failed the sobriety test conducted by police.

The police tendered an expert report from a Forensic Pharmacologist whom we requested to attend court for cross examination. During cross examination, significant flaws were highlighted with the expert report including the fact that my client was never examined by the Forensic Pharmacologist and that the report, besides being based on the blood test results from the hospital, were largely based on the police assumptions.

Ultimately, His Honour was not satisfied that the prosecution had discharged their onus to prove the charge beyond reasonable doubt, and found the charge not proven and dismissed. This was a great result for my client who no incurs no penalty for this alleged offence of driving under the influence of drugs.

After losing his job, my client was at a party with other people who had lost their job due to COVID. A number of attendees engaged in taking MDMA. Police were called to the location for an unrelated matter. Police had a search warrant for the place in question. My Client admitted to being in possession of MDMA at the location which police subsequently found. Besides just losing his job, my client now had a possess prohibited drug charge to deal with.

Upon approaching us, he was concerned about the impact this criminal offence could have on his future. Taking advice, he plead guilty for the full amount that police had located.

During sentencing at Burwood Local Court, submissions were made concerning my client’s participation in a drug rehabilitation program as well as the remorse and contrition which he demonstrated, and how members of the community viewed my client. Initially Her Honour was not persuaded that my client was deserving of not having a conviction recorded due to the quantity of drugs found. Further submissions were made to Her Honour and ultimately Her Honour was satisfied that a lengthy conditional release order with no conviction would be to the appropriate sentence for my client.

This was a great result for my client as he was able to leave court without receiving a criminal record and free to pursue his future career and travel plans.

My Client was stopped by police in a known drug area. Police subsequently searched his car and located an amount of cannabis and oxycodone. My Client admitted possessing the substances to police. He was subsequently charged with two counts of possessing a prohibited drug.

In my client’s criminal history dating back to 1989, he had received multiple findings of guilt for stealing, drug possession, breaching an apprehended violence order, assault occasioning actual bodily harm, obtaining money by deception, breaching bail, and had previously received a jail sentence of 3 years in full time custody.

My Client had been crime free for 10 years (which meant that his past convictions had been spent and no longer appeared on his record) and as such, he was concerned about receiving convictions for these new drug offences.

Given my client’s record, it is difficult to ask the court for leniency and not to record a conviction. Nonetheless, we set about trying to obtain the best sentencing result for my client. Upon advice, my client plead guilty and sought professional assistance for his mental health issues. A strong subjective case was presented to the Court concerning my client’s mental illnesses. Submissions were made to the Magistrate that my client would not be the appropriate vehicle for general deterrence and leniency should be afforded to him during sentencing. The Magistrate accepted our submissions and decided not to record a conviction for both drug possession charges for my client. A great result for my client which allows him to continue crime free record (for the past 10 years) which will assist him with employment and travel opportunities post-COVID.

My Client was in a car park late at night in his vehicle with some friends. In my client’s car, he had cannabis and MDMA (ecstasy). Police were doing patrols and stopped near the group. My Client was subsequently caught with the cannabis and MDMA. He was provided with a Court Attendance Notice to attend Parramatta Local Court on a future date.

My Client was most concerned about future travel plans and future job opportunities if he was to receive a criminal record for drug related matters. Once my client engaged our representation, we provided advice on the merits of the police case including advice on whether to plead guilty or not guilty.  Upon sentencing, we made submissions to the Learned Magistrate concerning the rehabilitative efforts that my client had made, as well as the proportionality of a criminal record as a punishment on my client who had high career and travel plans. We also advised His Honour of ongoing health issues that my client was suffering from which may have played a part in my client’s decision to engage in illicit drug use.

Whilst giving my client a stern education in illicit drug use, the Learned Magistrate was persuaded that it would not meet the objectives of criminal sentencing to record a conviction against my client. This was a great result for my client as it leaves him without a criminal record to pursue his future travel and career plans.

In the early hours of a Sunday morning, my client was gallivanting outside a small house party with a friend. Concerned residents of the area called the police. Police arrived and found my client and a friend skylarking in the middle of the street.

Police assisted my client off the street and noticed that he was extremely agitated, unable to hold a conversation, unsteady on his feet, had bloodshot eyes and was sweating profusely.

Due in part to my client’s behaviour and appearance, police searched my client and located MDMA (Ecstasy). My Client was subsequently charged with drug possession.

My Client approached us for advice and representation as he was concerned about his future employment and travel prospects with a drug conviction. We advised my client and assisted him to obtain material which would be of assistance upon sentencing. In the sentencing proceedings, we represented my client and made submissions to the Magistrate concerning the rehabilitative efforts my client had made and the remorse and contrition that he had demonstrated. We made further submissions as to why the purposes of criminal sentencing would not be achieved by recording a conviction against my client for the drug possession matter. The Magistrate agreed and exercised her discretion to not record a conviction for my client. A great result for my client which allows him to continue his career ambitions and future travel plans (post-COVID!)

My Client was subject to a traffic stop in Paddington. In relation to an unrelated matter, my client was subsequently arrested. This arrest led to my client being searched. During the search, police located 3 Valium tablets. Despite my client promising that he had a prescription for the Valium, he was unable to produce a script. My Client was subsequently charged with possessing a prescribed restricted substance contrary to section 16(1) of the Poisons and Therapeutic Goods Act 1966 (NSW).  At Waverley Local Court, we applied for an adjournment so that we could analyse the evidence as we were suspicious that there were deficiencies in the police brief of evidence which would lead to my client being acquitted.

During the adjournment period, we analysed the police brief of evidence and found a deficiency as it related to the elements of the offence charged. We subsequently wrote a letter to the Local Area Commander of police asking for the charges to be withdrawn based on the deficiency in the evidence. The Local Area Commander agreed with our representations and decided to withdraw the charge. This saved my client the time, cost and hassle of attending Court for a Hearing whilst still allowing my client to have the charges dismissed. A great result all round for my client.

Undercover police were conducting patrols in Kings Cross looking for drug supply activity including the buying and selling of cocaine via the ‘dial a dealer’ modus operandi.

My Client was driving a car making a drug delivery. Undercover police witnessed the drug deal take place and proceeded to stop my client who was driving the car. Upon searching the car, cocaine was found along with an amount of cash.

My Client was subsequently charged with 4 counts of supplying cocaine including cocaine of an indictable amount and dealing with the proceeds of crime.

My Client was arrested, and had to face court. In this stressful situation, my client sought our help. We provided advice to her as to whether to plead guilty or not guilty and on what basis. My Client was greatly relieved when she could see that someone was looking after her interests. My Client pled guilty to the charges and we assisted her in preparing for sentencing.

Upon sentencing, we made submissions to Her Honour regarding the circumstances which led my client to sell cocaine in Sydney. Whilst no excuse for the criminal behaviour, it did provide some context around the offending. We made further submissions concerning the rehabilitative steps my client had taken since being arrested and why it was unlikely that my client would re-offend again. Her Honour was satisfied with our submissions and decided that jail for my client would not achieve the purposes of criminal sentencing. My Client was directed to serve her penalty in the community, and to undertake 200 hours of community service.

A great result for my client who can now continue her rehabilitative steps without having her liberty restricted.

My Client was at a music festival and police observed him and were suspicious that he was conducting drug transactions. Plain clothes police approached my client and advised him that they intended to search him. When police tried to grab his backpack, my client struck a police officer in the mouth and ran. Other police quickly grabbed my client, and he was handcuffed and arrested. When police searched my client’s bag, a number of small bags containing cocaine and an amount of cash were found. My Client was subsequently charged with a string of offences including assault police, resist police, possess prohibited drug, supply prohibited drug, and dealing with the proceeds of crime. At a later date my client was released on bail and failed to turn up to court, resulting in a further charge of failure to appear.

Upon sentencing at Court, submissions were provided to the Magistrate concerning my clients antecedents, rehabilitative steps that he had taken since the offending, the remorse and contrition that he had demonstrated. We submitted to the Magistrate that imprisonment was not warranted in these circumstances, that alternatives within the criminal justice system existed and that His Honour should be minded to exercise his discretion in this manner. The Magistrate described our submissions as “on point” and decided not to impose any jail sentence. My Client was conditionally released subject to good behaviour for a period of 14 months. A great result for my client that allows him to get on with his life and maintain his freedom in the community.

My Client was on a night out heading to The Star via the main escalators on Pirrama Road. At the top of the escalators, she spotted a police dog and panicked. My Client quickly turned around and exited The Star. Undercover police followed my client, stopped her, and advised her that she would be searched. Subsequently cocaine was located in my client’s possession and she was charged. My Client received a Court Attendance Notice to appear at the Downing Centre. Upon sentencing, evidence of prior good character, remorse and contrition were demonstrated. The Magistrate was of a view that no conviction should be recorded in this matter. This allowed my client to maintain her criminal free record and pursue employment and travel opportunities.

My Client had a conviction recorded in the Local Court following an incident which occurred in December 2019. My Client was out at a hotel in Bondi when he organised to purchase 1g of Cocaine from a mobile drug supplier. A car pulled up, my client entered the car, purchased the drug, exited the vehicle, and then proceeded back to a hotel in Bondi.

Before walking back to the hotel, undercover police stopped and detained my client on suspicion of a drug transaction taking place. My Client was arrested. The police tried to stop my client using his phone to which he resisted. My Client was then handcuffed. The police searched my client and located 1g of Cocaine.

On advice, my client appealed the conviction recorded in the Local Court to the District Court. At the District Court Hearing, evidence of remorse, contrition and of prior good character was tendered to the Judge. Despite the decision of the learned Magistrate in the Local Court to record a conviction, the Judge was of the view that the purposes of sentencing could be achieved in this matter by not recording a conviction. The Local Court decision was set aside and my client received no conviction for the drug possession charge. A great result for my client which allowed him to leave Court and get on with his life without a criminal history.

A search warrant was executed at my client’s address for an unrelated matter. During that search warrant, police located an amount of cannabis. We represented my client in the matter and we advised my client to plead guilty. Upon sentencing, we made submissions concerning general deterrence, specific deterrence, protection of the community and rehabilitation. Her Honour was satisfied with our submissions and exercised her discretion to not record a conviction.

My Client was at a music festival at Sydney Olympic Park. During the evening, undercover police officers observed my client take out a resealable plastic bag from his pocket which contained two MDMA Caps. The plain clothes police approached my client and placed my client under arrest. During a subsequent search, police found two more MDMA Caps on my client.

Police gave him a Court Attendance Notice before escorting him from the festival. Once my client had sobered up, he was quite concerned about the impact a drug conviction could have on his employment and future travel plans. My Client approached us and we placed him in the best situation possible in order to try and obtain a non conviction order.

Upon sentencing, we explained to the Magistrate the steps my client had taken to demonstrate remorse, contrition, being of good character as well as a range of other factors that play a part in the synthesis of criminal sentencing.

Her Honour was convinced that the purposes of sentencing could be achieved without proceeding to conviction. This was a brilliant result for my client who now, does not have to be concerned with a drug conviction being on his record, and he is free to pursue his career and travel plans.

During an afternoon out at Barangaroo, my client organised a purchase of 4 bags of cocaine (weighing 3.65g). My Client hopped into an alleged dealer’s car, purchased the cocaine and then departed the vehicle. Little did my client know that undercover police were watching. When my client exited the vehicle, police detained him. He was subsequently charged with possession of cocaine.

This was my client’s second finding of guilt for drug possession. A non conviction based order (which is essentially a second chance) for a second time drug possession can be difficult. Notwithstanding this, we assisted my client to be in the best position possible for sentencing. We focused on my client’s good character, future prospects, remorse and contrition. His Honour was happy with our submissions and did not record a conviction for my client. This was a good result for my client which allows him to maintain his criminal free record, and progress in his career and future travel plans.

My Client was initially charged with drug supply after the police searched him and his car while sitting in a public carpark. After negotiating with police, the supply charges were withdrawn and my client plead guilty to possessing 10 x MDMA capsules and 6 packages of cannabis. Upon sentencing in the Local Court, we highlighted my client’s rehabilitative efforts and background. We indicated to the Magistrate that the purposes of sentencing would be achieved if His Honour exercised his discretion not to record a conviction. His Honour agreed and my client received a conditional release order. A good result for my client who was facing the possibility of a custodial sentence after initially being charged with drug supply, to be able to walk out of court with no criminal record.

My Client was sitting in a car in a public carpark when police approached. My Client appeared nervous to the police and the police saw drug paraphernalia in the car. Upon searching my client, police found MDMA capsules and small cannabis packages wrapped in foil. There was another occupant in the car who was searched and police found an MDMA capsule and cannabis on her person. This other occupant in the car said that my client sold her the MDMA capsule and that my client had given her some cannabis. My Client was subsequently charged with drug supply concerning the MDMA capsules and cannabis. Once we were engaged by my client, we negotiated with police to withdraw the supply charges noting the weakness of the case and unreliability of relevant witnesses. The police agreed to withdraw the supply charges which was a good result for my client.

My Client attended ‘Field Day’ 2020 and was trying to sneak ecstasy into the event. He decided to fill a condom with five caps of MDMA and insert it into his rectum in an effort to get the drugs into the event.

Police drug dog ‘Ree’ reacted to my client whilst in the vicinity of the drug dog. My Client was stopped and subsequently stripped searched. Police found the five caps of MDMA which was inside my client’s anus.

At court, we made submissions concerning my client’s conduct, what effects a criminal conviction could have, and the rehabilitative efforts my client had undertaken. The Magistrate was persuaded by our submissions and gave my client a conditional release order with no conviction recorded. A good result for my client.

My Client was at Festival ‘X’ at Sydney Olympic Park at Homebush. Police were doing a drug operation at the time and the drug dog ‘Gilly’ was patrolling near the Steve Aoki performance.

Gilly reacted to my client and my client was subsequently searched. Police found a MDMA cap on his possession. My Client was charged and placed before the court.

Upon representing my client, we highlighted aspects of my client’s behaviour which demonstrated contrition and remorse and spoke about the purposes of sentencing in law and how this could be achieved by sentencing my client to a conditional release order without a conviction. The Magistrate was persuaded and satisfied with our submissions and did not record a conviction for my client meaning that he had no criminal record. A good result for my client.

My Client was charged with common assault and drug possession. We negotiated with the police to have the charges wrapped up into one charge via a process called ‘Form 1’. The police agreed with our proposal to wrap the charges up into one charge. This was a better result for my client as it resulted in having one charge rather than two separate charges.

Upon sentencing in the Local Court, we made submissions concerning the context of my client’s offending, his contrition, remorse, retribution and rehabilitative steps that he had taken, as well as outlining to the Magistrate what my client’s future plans were. His Honour was satisfied that the best way of dealing with the matter was via not recording a conviction and placing my client on a conditional release order. A good result for my client.

During a January evening, my client was in the city and during a suspected schizophrenic episode, my client thought someone was chasing him. He started banging on doors and windows asking for help. Residents called the police.

Once police attended, my client was still paranoid that the police were not actually the police. Due to my client’s unusual behaviour, the police suspected that he may be under the influence of drugs. The police eventually stripped search my client and located methamphetamine. He was subsequently charged with drug possession.

At the Downing Centre Local Court, we highlighted to His Honour Chief Magistrate Judge Henson, the remorse and contrition that my client demonstrated as well as the steps he had taken to rehabilitate himself. We also spoke about my client’s plans for the future. The Magistrate was convinced that the most appropriate penalty for this matter was to not record a conviction and impose a conditional release order on my client. A good result for my client who can now focus on his career prospects.

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My Client was at a music festival in Sydney. Police with a sniffer dog approached my client and my client walked away behind a building to avoid the police and the drug dog. Police caught up with my client and subjected him to a search of his possessions and a strip search of his person. Police located 7 MDMA capsules. He was subsequently charged and issued a banning order from the area.

Upon representing my client in court, we highlighted relevant factors to the Magistrate particularly concerning my client’s future career prospects and how the purposes of sentencing would be achieved by way of dealing with this matter with a non-conviction based order. Ultimately my client received the benefit of a conditional release order without conviction for a period of 18 months. This left my client free to leave court and to pursue his career while being subject to good behaviour.

‘The Everest’ horse race held at Randwick racecourse is the richest race in Australia and the richest turf race in the world, with prize money of $14 million. But in 2019, it was also the subject of a NSW Police drug dog operation looking to detect illicit drug possession and supply crimes. My Client went to ‘The Everest’ and saw drug dogs. He changed direction but police stopped him. Police searched my client and found a bag of cocaine. Police asked my client further questions concerning the substance however my client replied “no comment”. He was summoned to attend court to answer the charge.

My Client was very concerned about the potential ramifications that a drug conviction could have on his future travel and career plans. We represented him and highlighted to the Magistrate the rehabilitative efforts my client had made since the offence. His Honour was ultimately persuaded that it was appropriate to deal with this matter without the recording of a conviction. My Client was able to walk out of court without a criminal conviction and free to pursue his travel and career plans.

My Client was at Randwick Races for a day out with his friends. At the races, police were patrolling looking for drugs with sniffer dogs. The sniffer dog reacted to my client and my client was subsequently searched. Police located cocaine in his possession. My Client was not an Australian Citizen or Permanent Resident and was concerned about the impact a criminal conviction could have on not only his job, but his prospects of staying in Australia. We presented a case to His Honour that a criminal conviction was not warranted in this particular circumstance. Ultimately, His Honour was persuaded by our submissions and did not record a conviction for my client.

My Client was on a night out in Sydney City. Police were conducting random patrols of a bar when they noticed him and his friends leaving the toilet of a bar and acting in an evasive manner when they spotted police. Police subsequently searched them and found cocaine in my client’s pocket. He was handed a Court Attendance Notice by Police to answer charges of cocaine possession.

He contacted us extremely concerned about the ramifications that a criminal conviction could have on his future. We argued in Court on my client’s behalf that a non-conviction based order would be appropriate. His Honour accepted our submissions. He walked out of Court with no conviction recorded.

On a Saturday night in Bondi, my client was unaware that he was being followed by undercover police as he withdrew money from an ATM and proceeded to buy cocaine. After the purchase, my client was grabbed by undercover police and charged. My Client had a prominent position in Finance and was concerned that a criminal conviction could hamper his future career prospects. At court, we highlighted mitigating factors to the Magistrate and noted that a criminal conviction could have a long lasting effect on his career prospects, which would be disproportionate to the offending that my client was charged with. Her Honour was ultimately satisfied with our submissions and sentenced my client to a Conditional Release Order for 12 months with standard conditions, with no conviction recorded. This resulted in my client not having a criminal record.

A client was being asked by police to present himself at a police station to be arrested for firearms and drug cultivation charges. My Client was already the subject of an Intensive Corrections Order and a Community Corrections Order in relation to firearms offences. We negotiated with police to arrange a mutually agreeable time for my client to present himself. He was then placed before the court with 9 separate charges some of which are considered serious enough by the court to not grant bail unless a substantial reason can be shown (these are also known as ‘show cause’ offences). Despite Police opposing bail, His Honour was ultimately satisfied that the case law we quoted which allowed cause to be shown applied to my client. His Honour then granted bail.

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Brian Walker of Clarence Chambers practices as a sole practitioner barrister at the NSW Bar, not as a law firm.