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First Offence Penalties - Drug Offences

Generally the court will sentence a first offender more leniently than a repeat offender. However, the starting point for an offence of possession of prohibited drugs, even for a first offender, is a criminal conviction.

The factors that the Court takes into account when passing sentence for a first offender include:

  • good character;
  • need for rehabilitation;
  • greater remorse;
  • extra curial punishment – The effect that any penalty may have upon someone’s employment, travel and membership with associations

It is possible for all offenders charged with drug offences to avoid a criminal conviction if the court makes an order under section 10 Crimes (Sentencing Procedure) Act. However, you must be able to demonstrate to the Court that you are deserving of this leniency.

If you would like us to advise you on your chances of obtaining a section 10 for a drug offence, please contact us.

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