Dishonest Acquisition

May it please the court, my name is Miss Abdel-Fatah (spell it) initial S, I appear for Mr Azize.

This is an application for bail Your Honour

As your Honour will know, Mr Azize has been charged with an offence under section 17 of the Drug Misuse and Trafficking Act 1985. The penalty for this offence entails 2 years imprisonment or 20 penalty units.

It is alleged by the prosecution in this matter that my client obtained prohibited drugs by false representation. The police allege that my client placed an item in the bin thought to be prohibited drugs from the pharmacy my client has left minutes prior. Upon searching my client the police discovered prescriptions in the name of other individuals. Police refused bail, as they believe my client is a flight risk and may abscond the jurisdiction.

It is the submission by the defence that this is a weak prosecution case, for the section my client has been charged under outlines that a person who knowingly by any false representation obtains or attempts to obtain a prohibited drug is guilty of an offence. The defence argues that given the circumstances, the Mr Azize has not obtained prohibited drugs by false representation as it can not be proven BRD that the item my client was seen to place in the bin, was infact, prohibited drugs.

The defence would also like to make it apparent that my client came under notice after a man fitting Mr Azize’s description had attempted to purchase prohibited drugs – no CCTV footage has been provided to indicate that Mr Azize was this alleged person as the police observed my client leaving a completely different pharmacy and not the pharmacy the allegation originated from.

The defence acknowledges the requirement of the court to perform a balancing act, taking into consideration both the needs and safety of the community and my client. What we are asking the court to consider are strict bail conditions.

In addressing unacceptable risks, the relevant section is 17...