Possession of a Drug of Dependence

KEY
SQ / Small quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic))

Principal offences covered in this table:

-Possession of a drug of dependence (maximum penalty: 5 years’ imprisonment and/or fine not exceeding 400 penalty units);

-Drug of dependence possessed for a purpose unconnected with trafficking (maximum penalty: 1 year imprisonment and/or fine not exceeding 30 penalty units);

-Possession of a small quantity of cannabis or tetrahydrocannabinol and offence not committed for any purpose related to trafficking (maximum penalty: fine not exceeding 5 penalty units).

Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Offence / Appeal Status
Mitchell
[2016] VCC 843
/ 3 June 2016 / Combination / 20 months’ imprisonment (1 year and 8 months)
24 month CCO (2 years):
- drug and alcohol treatment;
- mental health treatment;
- offending behaviour programs; and
- supervision.
$3400 fine / Possession of a drug of dependence x 2 (aggregate sentence – 1 year and 8 months’ imprisonment, on all offences - 2 year CCO);
Commit indictable offence while on bail ($3000 fine); and
Possess prohibited weapon ($400 fine). / G (early) / Offending – Police located snap lock bags containing 259.4 g of pure methylamphetamine, snap lock bags containing 127.4 g of pure cocaineand a police baton in vehicle at O’s residence. O knew he possessed both drugs, but he was not aware of quantity with respect to each drug. Forensic analysis of powder located on digital scales found in O’s apartment revealed that the scales contained traces of cocaine. Serious crimes.
Offender – Prior drug conviction, imprisonment Verdins, PTSD, on bail, past breaches of court orders, compliance with past intensive correction order, suffered horrific injuries, ongoing medical treatment, some remorse, 40 y male, work history, own business, lockdown conditions in custody, Renzella time, support of family, courses undertaken in custody, reasonable rehabilitation prospects. / Sentence appeal dismissed
[2016] VSCA 321
16 December 2016
case summary
Vo [2017] VCC 805 / 20 June 2017 / Custodial / 9 months / Possession of a drug of dependence / G (early) / Offending – O and her husband were involved in cultivating cannabis. Police searched their property and discovered a relatively sophisticated hydroponic setup, with 124 cannabis plants weighing 65kg. O’s husband was convicted of cultivation of a commercial quantity, while O was convicted of possession simpliciter.
Offender – no prior convictions, 26 y female, parity, certainty of deportation, unfortunate childhood
Tran
[2016] VCC 760 / 2 June 2016 / Custodial / 6.71 months
(204 days)
(time served) / Possession of a drug of dependence / G (early) / Offending – O went to the La Trobe Valley to collect a very significant quantity of cannabis and was intercepted by police when he was taking it back to Melbourne.Total weight of wet cannabis was 137.65 kg. Serious offending.
Offender – No relevant prior convictions, no pending matters, 30 y male, assistance to authorities, lock down remand conditions, remorse, risk of deportation, intelligent, wife and child in Australia, rehabilitation prospects should be good.
Pio
[2016] VCC 53 / 2 February 2016 / Custodial / 4 months / Possession of a drug of dependence (3 months).
Unlawful assault; Possessing a controlled weapon; and
Trespass (aggregate sentence – 3 months). / G / Offending –O and amale entered V’s garage by opening the door to discuss V’s repayment to O’s friend. O in possession of small sized baseball bat because O heard V possessed shotgun. O and V argued. V pointed unloaded shotgun at O and pulled trigger. O grabbed V and threw a couple of punches. Police located less than 0.5 g of clonazepamand 5.2 g of methylamphetamine on O (not for trafficking). Offending at lowend of seriousness.
Offender – Prior drug convictions, pending matter, 30 y (at time of offending), male, drug use, admissions, guarded rehabilitation prospects.
Maher
[2016] VCC 618
/ 16 May 2016 / Custodial / 2.56 months
(78 days)
(time served)
$250 fine / Possession of a drug of dependence x 3 (aggregate sentence – 78 days); and
Possession of prohibited weapon ($250 fine). / G / Offending – $1165 in cash, digital scales and deal bags were located in O’s premises and car together with just over 6 g of heroinof 20% purity, just under 6 g of methylamphetamine of mostly 90% purity and 135.7 g of cannabis. Possession on single day. Modest quantities, however 3 different types of drugs. O also in possession of pepper spray and a bowie knife.
Offender – Prior drug convictions, no subsequent convictions, motive said to be drug use by O and friends at a party, 66 y male, support of wife, co-operative, work history, significant period passed since O’s arrest, stress upon O of matters that were not pursued, clean drug screens, compliance with bail conditions, remand deterrent impact on O, current charges usually dealt with in Magistrates’ Court.
Ovadia
[2016] VCC 969 / 8 July 2016 / CCO / 48 month CCOs (4 years):
- community work (200 hours);
- drug and alcohol treatment;
- mental health treatment;
- supervision;
- offending behaviour programs; and
- any other treatment/programs designed to effect rehabilitation.
$5000 fine / Possession of a drug of dependence (4 year CCO and $5000 fine); and
Possession of a drug of dependence x 3 (on all offences - 2 year CCO). / G / Offending – Drug affected O hired sex worker and then became unconscious in her apartment. Sex worker contacted police and ambulance. Police officer searched O’s car without search warrant to check what types of drugs O may have taken. 184.1 g of cocaine at 20% purity located in two parcels, with street type sale bags and scales. Street level value estimated to be $54,000. Methylamphetamine, MDMA and cannabis also located for personal use.
Offender – No prior convictions, prior symptoms of depression and anxiety in context of work and relationship distress, 34 y male, motive said to be to feed own habit, delay, recklessness about conduct of life, work history, drug use, O instructs he has been drug free since offending, employment, support of family, valuable plea given issues as to search of car, appropriate candidate for rehabilitation provided O can rid himself of drugs.
Bardis [2017] VCC 627 / 18 May 2017 / CCO / 36 months (3 years) CCO:
-200 hours community work
-Drug assessment and treatment
-Mental health assessment and treatment
-Judicial monitoring / Possession of a drug of dependence x 4; and
Attempt to possess a drug of dependence (aggregate sentence – 36 month CCO) / G (early) / Offending – O had met a co-offender, intending to buy drugs. After they were both arrested O had $70,000 cash in his possession and the co-offender had two bags containing 993.4g of ketamine (1.99 x CQ; 0.99 x LCQ). O possessed the ketamine for purposes relating to trafficking. O’s car contained unspecified amounts of drugs also, which were not possessed for trafficking purposes.
Offender – no prior convictions, family support, drug use, adjustment disorder, mixed anxiety, depressed mood, low risk of reoffending. good prospects of rehabilitation
Hoarau [2017] VCC 100 / 17 February 2017 / CCO / 24 month CCO:
-200 hours community work
-drug assessment and treatment programs / Possession of a drug of dependence x 2 / G / Offending – O and another man were pulled over by police after leaving a nightclub. Police located 10 plastic bottles of frozen liquid with labels indicating that the bottles contained water in the car. Analysis showed that the bottles contained 9.7 kilograms of 1,4 Butanediol (not for trafficking). O was searched at the police station and police discovered 1g of cocaine in a ziplock bag in his underwear (not for trafficking purposes).
Offender – No prior convictions, 28 y male, character references, depression, drug use, remorse, rehabilitative efforts, employment, support of friends and partner, excellent prospects for rehabilitation.
Kassab [2017] VCC 1392 / 25 September 2017 / CCO / 24 months (2 years) CCO:
-200 hours community work
-Supervision / Possession of a drug of dependence x 2;
Possessing an unregistered general category handgun;
Dealing in property suspected of being proceeds of crime;
Possession of cartridge ammunition; and
Possession of a prohibited weapon (on all offences – 24 months CCO) / G / Offending – Police searched O’s house and discovered a large quantity of stolen tools, 95.2g of mixed methylamphetamine (0.19 x CQ), 56.3g of cannabis (0.002 x CQ), drug trafficking paraphernalia, a BB gun and pellets, and a flick knife.
Offender – prior convictions for property and drug offences, 33 y male, family support, drug use, physical condition, parsimony, excellent prospects of rehabilitation, rehabilitation programs
Aspiotis [2017] VCC 375 / 4 April 2017 / CCO / 12 month (1 year) CCO:
-50 hours community work
-Drug assessment and treatment / Possessing a drug of dependence (x7); and
Possessing prohibited weapons (aggregate sentence – 12 month CCO) / G (early) / Offending – Police searched a house at which O was living with a roommate and the latter’s girlfriend and discovered:
-0.8g of methylamphetamine with 84% purity (not for trafficking)
-2.5g of 1,4-Butanediol
-1 tablet or 0.3g of Methorphan
-2 tablets or 0.5g of MDMA
-1 tablet or less that 2g of Diazepam
-5 tablets or less than 0.5g of Alprazolam
-965.3g of Methylamphetamine with 82% purity in some grey plastic bags (1.93 x CQ; 0.97 x LCQ)
-Scales, a glass smoking device and other drug paraphernalia
-Three flick knives and 2 butterfly knives, which were collectors' items associated with O’s involvement in boning in the fish industry
Offender – no prior convictions, 50 y male, drug use, delay

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