Drug possession convictions depend on the court’s location

When it comes young people and drugs, the scales of justice are weighted differently depending on where the matter is heard. New data shows which courts let drug takers off without convictions.

• `Bad mistake’: Magistrate slams festival drug supplier
• Lost Paradise: more festival drug takers face court

A Gosford magistrate hoped a series of festival drug takers weren’t “magistrate shopping” when they sought for their matters to be finalised in the Downing Centre.

But alarming new court data, compiled exclusively for the Express Advocate, reveals her fears were spot on.

When it comes young people and drugs, the scales of justice are weighted differently depending on where the matter is heard.

Across NSW a smidgen over half, or 50.5 per cent, of males aged 18-25 walked out of court with a conviction on their permanent records after being caught with drugs.

People who were dealt with at Gosford got convictions while those who went to the Downing Centre did not.

Young women the same age fared a little better with 61 per cent not having a conviction recorded despite the offence being proven.

The data is from the Bureau of Crime Statistics and Research (BOCSAR) for the 12 months from October 2017 to September 2018.

It sets a statewide benchmark that suggests about one-in-two males and three-in-five women aged 18-25 will escape without a conviction for possessing drugs.

However when about 50 young people faced Gosford Local Court after being caught with drugs at the Lost Paradise festival earlier this year, those who elected to have their matters dealt with in the Downing Centre Local Court not only got a better deal, they were statistically always going to.

Manly Court signage. Picture: Simon Cocksedge

And the message for young drug takers on the Northern Beachs is go nuts because if you’re picked up for a first offence there is almost no chance you will leave Manly Local Court with a permanent black mark on your record.

When Amelia Fordsmith, 19, of Blackhill, fronted Gosford Local Court charged with having 10 MDMA pills she was convicted and put on an 18-month Community Release Order.

Similarly Kiana Mee Ra Soper, 19, (12 MDMA pills), Lili Christensen, 24, (seven MDMA pills), Meg Christensen, 21, (eight MDMA pills), Tia Rose Mills, 22, (seven MDMA pills), and Max Timo Vegter, 19, (10 MDMA pills) were all convicted, put on orders or fined.

Talk back radio and newspaper editorials celebrated the court’s tough stance on first time offenders.

Social media images from Lost Paradise festival at Glenworth Valley December 2018

The Christensen sisters and their bestie Ms Mills have, meanwhile, had their convictions overturned on appeal in the District Court.

However when Summer Destiny Russell, 20, was caught with five MDMA pills and 5g of cannabis stuffed in a condom and shoved up her vagina she elected to be dealt with at the Downing Centre where she copped a Community Release Order but no conviction.

The same for Cain Charles Nelson, 21, (eight MDMA pills), Luke Robert Gibbs, 22, (eight MDMA pills and Kodi Carter, 19, (nine MDMA pills) who also escaped without a conviction.

Olivia May Patricia Dominish, 18, also escaped without a conviction when she elected to have her matter dealt with at Maitland Local Court after she was caught trying to smuggle 10 MDMA pills into Lost Paradise.

Downing Centre, Castlereagh Street, Sydney.

But the BOCSAR data shows just how differently courts deal with the same offence.

About 62 per cent of young males who face Gosford Local Court charged with drug possession were convicted along with 66 per cent of women — a bit over the state average of 50.5 per cent for males and 39 per cent for females.

At the Downing Centre the statistics are almost reversed.

In the state’s busiest court a staggering 71.6 per cent of young males and 83.7 per cent of females leave without a conviction.

And Manly Local Court was the softest touch of all where almost four-in-five males and 94 per cent of young women walk out without a criminal record.

CONVICTIONS COURT BY COURT

Bankstown: males 58% (no conviction 42%), females 67% (no conviction 33%)

Blacktown: males 83.4% (no conviction 16.6%), females 100% (no conviction 0%)

Campbelltown: males 80% (no conviction 20%), females 100% (no conviction 0%)

Downing Centre: males 28.4% (no conviction 71.6%), females 16.3% (no conviction 83.7%)

Fairfield: males 74.2% (no conviction 25.8%), females 43.5% (no conviction 56.5%)

Gosford: males 62.3% (no convictions 37.7%), females 66% (no conviction 34%)

Manly: males 21% (no conviction 79%), females 6% (no conviction 94%)

Newtown: males 37.3% (no conviction 62.7%), females 11% (no conviction 89%)

Parramatta: males 49% (no conviction 51%), females 34% (no conviction 66%)

Penrith: males 70% (no convictions 30%), females 54% (no conviction 46%)

Waverly: males 42.2% (no conviction 57.8%), females 26% (no conviction 74%)

* Source: BOCSAR, October 2017 to September 2018, people aged 18-25 charged with possessing drugs.