Day: August 26, 2022

I should have did a bit more research on the story of Darko Desic, one of the only people to break out of Grafton Goal. My Thursday Doors post So here is a bit about what happened next to Mr Desic.

He is about to to finish his time in goal and people who know him are fighting to keep him in Australia as according to the stupid law, he will be deported to his “homeland” Serbia, a country that no longer exists.

While living rough he found a war medal and made sure it found it’s way back to the family.

I hope he is allowed to stay in Australia after being sentenced for having a bit of weed and enjoying a smoke which was a ridiculous law at the time. The laws have been changed thank goodness.

“What happens when you get a penalty notice?

Receiving a penalty notice will not result in a criminal conviction. If you choose to contest the matter, you will be required go to court to do so. If this occurs, you will be given a court date on which you can plead guilty or not guilty. The risk in contesting a penalty notice is that if you plead guilty or are found guilty, the court can impose a conviction and impose a penalty of a fine of up to $2,200 and/or imprisonment of up to 2 years.

Cannabis caution scheme

One drug that is not included in this new scheme is cannabis leaf. Where a person is found in possession of cannabis, a police officer has the discretion to give them a warning rather than a Court Attendance Notice or Penalty Notice. This is known as the Cannabis Cautioning Scheme (CCS).

You may receive a warning if:

• You were found to have possession of no more than 15 grams of Cannabis; and
• You have no prior record involving drugs, violence or sexual assault; and
• You have not received the same caution for drug possession on more than 2 occasions.

Rationale for the scheme

The scheme uses police intervention to assist offenders to address their cannabis use and seek treatment and support. It was developed in response to research findings that arresting people for minor drug offences is not always an effective response.

It is important to remember that although police may exercise their discretion in these instances, they can decide instead to formally charge the person.

The formal NSW Police caution warns of the health and legal consequences of cannabis use and provides contact telephone numbers for the Alcohol and Drug Information Service (ADIS). ADIS provides a service to a cautioned offender that includes information about treatment, counselling and support options.

Individuals who receive a second and final caution are required to contact ADIS for a mandatory education session about their cannabis use.

Conclusion

The new Penalty Notice scheme and the Cannabis Cautioning Scheme enable NSW Police to use their discretion in dealing with offenders found with small quantities of drugs. The introduction of these schemes reflects the reality that the NSW government does not view arresting and formally charging people for drug possession as the most effective way of addressing drug use.”
Taken from GoToCourt.com.au