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QLD Queensland Police and Drug Offence Queries

Discussion in 'Criminal Law Forum' started by Gary, 18 December 2015.

  1. Gary

    Gary Active Member

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    Firstly, I have a lawyer. In November 2015, my room in the boarding house that I live in was raided and Drugs were seized as were utensils namely scales and a glass pipe.

    In the documents submitted to the court by Queensland Police was an offence committed in 1992.

    I had forgotten all about this offence but I can say that no conviction was recorded against my name and that the offence in 1992 is not of the same nature as the current allegations

    QUESTION: Can the police in Queensland submit a matter that was dealt with at a Magistrates level for an offence that happened 23 years ago and for which no conviction was recorded?

    QUESTION: If this is not admissible, then haven’t the police tainted or besmirched my character, and attempted to sway the presiding official (the judge?) in doing so?
     
  2. N Knight

    N Knight Well-Known Member

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    Gary,
    if you have a lawyer - you should really ask him the question.
    But in answering your question I would say this.
    I have worked within the QLD Criminal Law System. Under the Penalties and Sentencing Act there is a provision in there that says something along the lines of
    - the Court must be made aware of any matters(Criminal History)
    - only the last 10 years are relevant.
    So in essence, it is very unlikely that the matters from 23 years ago would have any impact.
     
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