Our client successfully appealed a Local Court sentence after being convicted of drive with illicit drug present in oral fluid, blood or urine – first offence.

The client had originally pleaded guilty in the Local Court, where he was convicted, fined $750, and disqualified from driving for the minimum period of 3 months.

This offence carries a maximum penalty of $2,200, together with an automatic licence disqualification period of 6 months or a minimum disqualification period of 3 months.

Police alleged the client tested positive to methylamphetamine and the prosecution facts also referred to him travelling at speed. The client also had a poor traffic record, which created further challenges on appeal.

Despite those difficulties, our client had many positive features. He was a 27-year-old Aboriginal man, had no prior criminal history, had a history of gainful employment as a registered nurse, and was undertaking further university studies with the goal of becoming a medical doctor.

A criminal conviction had the potential to significantly affect future employment and registration opportunities in the medical field.

Lamont Law solicitor Jelena Dobric prepared the appeal thoroughly by obtaining updated subjective material and evidence of rehabilitation.

This included proof of engagement with:

  • The SMART Recovery Program
  • Community-based drug support programs
  • Further material demonstrating insight and rehabilitation prospects

Jelena Dobric also prepared detailed written submissions and appeared in the District Court to make further oral submissions on the client’s behalf.

After considering the fresh material and submissions, Judge W Fitzsimmons at Downing Centre District Court allowed the appeal.

The Court dealt with the matter under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), now known as a Conditional Release Order without conviction.

As a result:

  • No conviction was recorded
  • No licence disqualification applied
  • The client avoided a criminal record that could have impacted future medical career opportunities

Why this result matters: Appeals can be powerful opportunities to present fresh rehabilitation evidence and correct harsh outcomes. In this matter, a conviction was overturned and the client’s future was protected.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

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