Event and Time
Event Description
- Date: 14-15 March 2023
- Incident: RJ, an offender under a supervision order, was found in possession of prohibited drugs and pornography material. This occurred during a search of his unit at Rivergum following a prior incident of self-harm.
Application and Claims
- Charges:
- Charge 1: Possession of a prohibited drug (methylamphetamine) - breach of condition 8.2 of the supervision order. - Charge 3: Possession of pornography material - breach of condition 8.7 of the supervision order.
- Summary: RJ admitted to both charges through counsel. The charges arose from items found during a search of his living unit, and he claimed the presence of the USB stick containing pornography was not his.
Judicial Decisions
- Ruling: The court reported RJ's pleas of guilt for both charges. Given the context of breaching a supervision order, the decision was to impose a sentence of 30 days' imprisonment, which RJ had already served in custody.
Dispute Points and Legal Basis
Dispute Points
- RJ's Defense:
- Claimed that he does not use methylamphetamine due to its adverse effects on his medication. - Suggested he was framed by another resident regarding the drug. - Stated the USB stick with pornography was borrowed from another resident’s TV for watching Game of Thrones, distancing himself from ownership.
- Prosecution's Argument:
- Presented the evidence gathered during the unit search, including the illegal substances and pornography found on the USB stick. - Emphasized that the offences occurred while under a supervision order, enhancing their severity.