Jones + Associates recently represented a client facing serious drug charges involving the alleged possession and supply of approximately 500g of MDMA.

Following cross-examination of the investigating officer, we made an application to the court arguing that there was no case for our client to answer — asking the court to take the rare step of dismissing the matter at the earliest opportunity, rather than committing it to trial in the Supreme Court.

At a committal hearing, the legal test is whether there is any evidence upon which a jury could rely to convict. This is a significantly lower threshold than the standard at trial, where a jury must be satisfied of guilt beyond a reasonable doubt — which is why no-case applications at this stage are uncommon.

After carefully reviewing the police brief of evidence and identifying a number of significant issues, we determined that a no-case application was warranted. The Presiding Magistrate agreed, finding that there were fundamental flaws in the evidence such that no properly instructed jury could return a conviction. As a result, the charges were dismissed and our client was discharged from the proceedings.

Should you or those close to you be confronted with serious allegations and require expert and strategic defence, do not hesitate to contact Jones + Associates on (07) 3229 3166.