Outcome: CRO Without Conviction | No Criminal Record | Drug Supply
Our client was a 19-year-old man from Auburn, NSW.
Police observed our client participating in what is sometimes described as a dial-a-dealer drug operation. He was one of three people in a vehicle that drove to various locations where buyers would approach, enter the vehicle, purchase cocaine and leave. Police stopped the vehicle and arrested all occupants, including our client. A search found our client in possession of more than $7,000 in cash.
Our client was charged with two offences: supply prohibited drug under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW), and deal with proceeds of crime. Supply of a prohibited drug carries a maximum penalty of life imprisonment. However, because the quantity our client was alleged to have supplied was less than the small quantity threshold for the drug in question, the practical maximum was two years imprisonment if dealt with in the Local Court, or 15 years imprisonment if the matter was committed to the District Court.
Our client contacted Rezae & Co Lawyers. He needed experienced criminal lawyers who understood both the immediate consequences of these charges and the longer-term impact a conviction would carry. Our client depended on a clean record for his current employment, and at 19, a conviction would follow him into every future job application and opportunity for years.
The matter proceeded to a Local Court sentence. Before sentencing, our defence team prepared detailed written submissions and made a formal application for a conditional release order without conviction (formerly known as a Section 10). A CRO without conviction means the court declines to record a conviction and instead places the person on a bond to be of good behaviour for a set period, leaving them without a criminal record.
In our submissions, we placed significant weight on our client’s age and his complete lack of prior criminal history. This was his first offence. We pressed the impact a conviction would have on his employment, not just his current position, but every opportunity ahead of him at a stage of life when most people are only just beginning their careers. The magistrate accepted our submissions and imposed a CRO without conviction. Our client received no criminal record.
Outcome: Conditional Release Order without conviction. No criminal record recorded.
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