Three Drugs, No Penalty

--Source: Daily Telegraph
--Pubdate: Sat, 11 September 1999
--Copyright: News Limited 1999
--Contact: dtmletr@matp.newsltd.com.au
--Website: http://www.dailytelegraph.com.au/
--Author: Brad Clifton, Court Reporter

PENELOPE Summers readily admitted possessing and using cocaine, ecstasy and speed when police found the drugs in her purse.

But she walked from a court yesterday without a bond, a fine or even a conviction after a magistrate found that her crime was simply "experimentation".

Describing Australia as a "tolerant society", Downing Centre Local Court magistrate Sean Flood said Summers, 21, should not be burdened with a criminal record after she pleaded guilty to three counts of possessing prohibited drugs.

He said Summers, a commercial advertising worker at Channel 10, had no prior offences and there was a "degree ...  of experimentation" in what she had done.

"She certainly has none of the hallmarks of a person addicted to illegal substances," Mr Flood said.  "I do not see any worthwhile purpose in burdening her with a conviction.

"A conviction for drug possession can have all sorts of adverse consequences later in life."

Mr Flood then dismissed the charges under Section 556A of the Crimes Act, allowing Summers to walk away without a penalty.

The court heard that she was caught with 2g of cocaine, 1.53g of speed and 0.81g of ecstasy when the driver of a car she was travelling in was stopped by police for speeding on the Hume Hwy at Bookham, near Yass, in March.

During a search of the vehicle, the officers found a green Harrods purse containing a small black pipe and several resealable plastic bags some with white powder inside.

"One of the bags (also) contained a blue powder substance," a tendered police statement said.

"(Summers) was spoken to in relation to the suspected prohibited drugs and admitted to ownership of all.

"She stated: 'They are for personal use'."

During a later interview, Summers said she had bought the drugs in Sydney about a week earlier.

"She identified the drugs as cocaine, ecstasy and speed," the statement said.

Outside court yesterday, Summers could not contain her delight at the magistrate's decision, smiling broadly as she left the complex.



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