A client had been charged with drugs offences under the Misuse of Drugs Act 1975 and the Medicines Act 1981. ?The client was?also later charged with failing to answer District Court bail under the Bail Act 2000. ?Tony Beach, through extensive written submissions and evidence by way of affidavits, sought a discharge without conviction on all charges on the grounds that the client – a young mother – was hoping to return to work shortly and convictions for drugs offences would reduce her chances of obtaining employment: that “the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence”.
The Judge carefully considered the offending and the evidence before him of what those consequences might be of convictions for drugs offending. ?The Judge held that there was a “medium severity of consequences” which would be out of proportion to the seriousness of the offending. ?The Judge accepted the grounds had been made out and discharged the client without conviction on all charges.