Steven Mercael, Principal Lawyer of Criminal Lawyers Group, secures non-conviction outcome for client facing drug possession charge at Downing Centre Local Court – August 2025.
A young Sydney woman caught with a small quantity of cocaine on a night out in the city has avoided a criminal conviction, following persuasive sentencing submissions by leading criminal defence lawyer Steven Mercael at Downing Centre Local Court.
The woman, aged in her mid-20s, was charged with possession of a prohibited drug after being stopped and searched by police outside a licensed venue in Darlinghurst.
Night Out Turns Into Legal Trouble
According to police facts, the defendant had just exited a popular nightclub on Oxford Street when she was approached by uniformed officers conducting a high-visibility patrol in the area. After a brief interaction, officers conducted a search and located a resealable bag containing approximately 6 grams of cocaine in her handbag.
She was arrested and taken to Surry Hills Police Station, where she was formally charged with drug supply (15 years imprisonment) and drug possession of a prohibited drug under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) — an offence punishable by up to two years’ imprisonment and/or a $2,200 fine.
After successful negotiations she pleaded guilty to only drug possession.
On Sentence: Defence Argument: Isolated Incident, Genuine Remorse
Appearing at Downing Centre Local Court, Mr Mercael submitted that the defendant was a university graduate with no prior criminal history, and that the offence occurred during a difficult emotional period in her life.
“This was a one-time mistake by an otherwise responsible young woman,” Mr Mercael told the court. “She has accepted full responsibility and taken active steps to ensure she never finds herself in this position again.”
In support of the defence submissions, the court was provided with character references, evidence of counselling, and a letter of apology written by the defendant herself.
Outcome: No Conviction Recorded
After considering the material before the court, the Magistrate exercised discretion under Section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), dismissing the charge on the condition that the defendant enter into a 12-month good behaviour bond.
This means no criminal conviction was recorded, allowing the defendant to move forward without the lifelong impact of a criminal record.
Lawyer’s Response
Steven Mercael, Principal Lawyer at Criminal Lawyers Group, said:
“The court recognised that drug possession, while a serious matter, should not define a person’s future when the circumstances show remorse, accountability, and rehabilitation. This was a fair and compassionate outcome.”
Possession Charges Can Be Defended
Even though drug possession may seem minor compared to supply, it can still carry long-term consequences — including the risk of a criminal record, travel restrictions, and employment challenges. Fortunately, there are pathways to avoid conviction, especially for first-time offenders.
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