Can You Get a Non-Conviction for a Drug Charge in Sydney?

Yes, it is possible to receive a non-conviction for drug offences, and in some cases, even to be acquitted after a trial or defended hearing. In any criminal matter, the prosecution bears the burden of proving the case beyond a reasonable doubt before a judge can find you guilty.

At Oxford Lawyers, our experienced Drug Possession Lawyers meticulously assess each case to determine whether there are prospects for defending the charge.

If there is no available defence, our focus shifts to ensuring that our clients are positioned as favourably as possible for sentencing. This may include seeking a non-conviction or minimising the penalties imposed.

Understanding Sentencing Considerations

To assess whether you may be eligible for a non-conviction, particularly for drug possession or drug supply offences, it is essential to understand how sentencing decisions are made. Judges refer to the purposes of sentencing as outlined in Section 3A of the Crimes (Sentencing Procedure) Act 1999, which include:

• Ensuring the offender is adequately punished.
• Deterring the offender and others from committing similar offences.
• Protecting the community.
• Promoting the rehabilitation of the offender.
• Holding the offender accountable for their actions.
• Denouncing the offender’s conduct.
• Recognizing the harm caused to victims and the community.

In determining an appropriate sentence, Judges also consider the aggravating and mitigating factors, as specified in Section 21A(3) of the Act.

Mitigating Factors That Support a Non-Conviction

To achieve the best possible outcome, legal practitioners must highlight mitigating factors that may warrant leniency. These factors include:

• The offence did not result in significant injury, emotional harm, loss, or damage.
• The offence was not part of an organised criminal activity.
• The offender has no prior (or significant) criminal record.
• The offender is of good character.
• The offender is unlikely to re-offend.
• The offender has good prospects of rehabilitation (due to age or other factors).
• The offender has shown genuine remorse for their actions.
• The offender was not fully aware of the consequences due to age or disability.
• The offender pleaded guilty at an early stage.

Our skilled Drug Lawyers in Parramatta can ensure these factors are clearly and persuasively presented to the court.

How Oxford Lawyers Can Assist

At Oxford Lawyers, we work closely with clients facing drug-related charges to address the underlying causes of their offending.

Demonstrating to the court that the offence was an isolated incident and is unlikely to be repeated is critical in securing a non-conviction.

To strengthen our clients’ cases, we assist in:

• Enrolling them in drug and alcohol rehabilitation programs.
• Arranging counselling and support groups.
• Encouraging the preparation of a letter of remorse demonstrating insight into the offence’s impact.
• Collecting character references from employers, community leaders, or charitable organizations.

Judges also consider an offender’s contributions to society through employment or charitable work when determining an appropriate sentence. Providing relevant documentation to the court can further support a favourable outcome.

Contact Oxford Lawyers for Expert Legal Representation

If you are facing a drug charge in Sydney, seeking expert legal advice is crucial. At Oxford Lawyers, we diligently prepare every case to ensure our clients receive the best possible outcome, whether through a strong defence or by securing a non-conviction.

Contact us today to discuss your case and explore your legal options.