My Son was Caught with Ice. Will he Have to go to Gaol?

Not necessarily. 

Each case is different but we have represented a number of adolescents and young people who have been charged with illegal drug offences. They have gone on to lead productive lives and gain secure and fulfilling employment.

Role of Psychological Reports

Too often young people fall between the cracks. They may have learning difficulties such as dyslexia and act out to hide their emotional and psychological problems. This can lead to finding an escape in illegal drugs.

When approaching how best to represent young people in these situations, it is important to have the young offender assessed by a clinical psychologist or psychiatrist.

We represented a young man in his 20s who had been severely addicted to a range of drugs including cocaine, ice, speed and ecstasy from when he was a teenager. 

Firstly, we referred him to a clinical psychologist for assessment and to write a report which dealt with his addiction and his prospects for rehabilitation. 

First Court Appearance

By tendering to the Court a copy of the psychological report and making submissions about our client’s willingness to embrace rehabilitation, that he had learnt relapse strategies and that he was committed to a drug-free lifestyle, we were able to present a positive outcome for our client.

We successfully argued for a Section 10 Good Behaviour Bond which is now called a Conditional Release Order. 

Breach 

Our client was young and still receiving treatment when he breached his Section 10 Bond.

We tendered a copy of a report from his rehabilitation and successfully reduced his sentence with no gaol time when he was placed on a Conditional Release Order. 

Long-term Impact of Expert Report

It was not all smooth sailing for our client as he was young and had been addicted for years. However, we persevered and encouraged him to continue with his treatment. The rehabilitation centre said he is a positive role model for the young people who are just commencing their journey to recover.

He is now drug-free and now working for a large corporation in an executive position.

Non-Custodial Options

The Courts recognise that many offenders with charges involving drugs, have issues such as addiction, psychological problems, and limited opportunity for education and as well may come from a family background of violence and abuse.

The Parliament has enacted laws which give the Courts options to divert young offenders and also for any user of illegal drugs who recognises his or her addiction and genuinely seeks treatment to get on with their lives.

Community Based Sentences

Rather than issuing a fine and or a custodial sentence, a Judge or Magistrate may choose to enter a program which will treat the drug and/or alcohol addiction that has caused the criminal activity.

The NSW Drug Court addresses the addiction, rehabilitation and assist in the offender’s re-integration into the community. 

The MERIT program aims to break the vicious cycle of substance-abuse and crime by treating the source of the problem. It is available in most NSW Local Courts. Specifically it targets defendants who are eligible for release on bail and who have demonstrated a genuine desire to seek treatment and rehabilitation.

Engaging in the MERIT program may be a condition of bail. If there is a breach, the Magistrate will receive a report from the MERIT program and dependent on the view of MERIT, may revert to a custodial sentence.

Conditional Release Order

We represented an 18 year old who had been found by Police with 10 MDMA (ecstasy) tablets. He also had a series of graffiti offences. His mother had moved out without any forwarding address and left him with a week to find a new home and remove all their belongings.

Although the Magistrate took into account the submissions of the Department of Public Prosecution (DPP), and his record of graffiti offences, she accepted our submissions that he was young, had good prospects of rehabilitation with the offer of a stable home environment from a former teacher and was enrolling at TAFE to improve his job opportunities.

We successfully argued for no conviction. The Magistrate entered no conviction on conditions release of 18 months when our client was to remain on good behaviour and have no offences.

Results and Rehabilitation

Each case is decided on its own merits but we have successfully argued for our clients to enter rehabilitation programs and community-based programs so that they can be treated for their addictions, re-integrate into the community and find occupations which give them secure incomes and confidence in themselves.

Please contact us if you need legal representation so that we can discuss the individual aspects of your case and advise you accordingly.

This article is for information only.