Drug Supply Charges Withdrawn: Police Unable to Prove Knowledge of 200g of Cocaine at Liverpool Local Court
Principal Lawyer Steven Mercael secures complete withdrawal of serious drug supply allegations for client accused of possessing 200 grams of cocaine.
A 29-year-old man who was facing extremely serious drug supply allegations has had all charges formally withdrawn at Liverpool Local Court, after Principal Lawyer Steven Mercael successfully challenged the prosecution’s ability to prove knowledge of the drugs allegedly located in the boot of a vehicle.
The outcome allowed the client to avoid a criminal record, a custodial sentence, and the long-term consequences associated with serious drug supply allegations.
The Allegation: Supply Prohibited Drug (200g of Cocaine)
Police alleged that the client was knowingly in possession of approximately 200 grams of cocaine, which officers claimed to have located in a bag inside the boot of a car the client had been driving.
The charge — Supply Prohibited Drug (Indictable Quantity) under the Drug Misuse and Trafficking Act 1985 (NSW) — carries:
- a maximum penalty of 15 years’ imprisonment, and
- a strong presumption of a full-time custodial sentence upon conviction.
Police alleged that the client had exclusive control of the vehicle and was aware of the drugs hidden inside.
Defence Strategy: Challenging Knowledge & Possession
Upon reviewing the brief of evidence, Mr Mercael identified immediate and serious deficiencies in the prosecution case, particularly regarding the essential legal element of knowledge.
Key issues included:
- the vehicle was not registered to the client
- multiple people had access to the car both before and after the alleged incident
- no fingerprints, DNA, or forensic evidence linked the client to the package
- body-worn footage and questioning failed to show any admissions or incriminating behaviour
- the location of the drugs — concealed in a bag in the boot — did not demonstrate exclusive possession or control
Mr Mercael prepared detailed legal submissions to the prosecution, arguing that the evidence could not establish beyond reasonable doubt that the client knew the drugs were in the vehicle.
After ongoing discussions, the prosecution ultimately accepted the deficiencies as fatal to their case.
Outcome: Charges Withdrawn in Full
On the next court date, the prosecution confirmed that the evidence was insufficient to prove knowledge or possession. As a result:
- all drug supply charges were withdrawn,
- the matter was dismissed, and
- the client left court without any conviction or penalty.
This spared the client from the severe sentencing consequences associated with indictable drug supply matters.
Facing Drug Supply Allegations? Experienced Defence Matters.
Drug supply charges — particularly involving indictable quantities — are treated extremely seriously by NSW courts and can result in lengthy prison sentences.
However, as this case demonstrates, weaknesses in the prosecution evidence can lead to:
- charges being withdrawn,
- downgraded allegations, or
- outcomes avoiding conviction.
At Criminal Lawyers Group, Principal Lawyer Steven Mercael and his team have extensive experience successfully defending clients facing serious drug charges across New South Wales.
📞 Call us: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
Let Steven Mercael and the Criminal Lawyers Group fight for your best possible result — no matter the seriousness of the allegation.