Possession of Dangerous Drugs - Found Not Guilty after Summary Trial

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Client represented by: Shane Elliott


​Shane Elliott represented a client in the Southport Magistrates Court who was charged with possession of cannabis.

Our client denied that he had possessed the drugs so the matter was set down for a summary trial.

​The background to the case was that our client was at his girlfriend’s house when the police attended and could smell cannabis. They entered the house and walked into the room of our client’s girlfriend, where they proceeded to search and ask questions. During the search, they found a smoking utensil and a large bag of cannabis.

​During questioning, our client admitted to smoking cannabis in the room. Prior to the trial, Shane conducted a pre-trial hearing where he convinced the Magistrate to exclude the admission from evidence, as the police officer did not comply with legislative requirements to warn our client before questioning him.

​This case demonstrates the importance in engaging a competent lawyer in a criminal matter. If the admission had not been excluded, it is likely that this client would have been convicted for possessing dangerous drugs. A conviction for this offence could have had long-term consequences, including limiting travel and employment opportunities.

 

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