A 20-year-old man has avoided a conviction after accepting free cocaine from a stranger in the bathroom of a licensed premises in Goulburn.
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Kyle Hancock, of Marulan, pleaded guilty to possession of a prohibited drug.
Goulburn Local Court heard on August 26 that Hancock visited a club in Goulburn on August 15. The court heard Hancock went to the bathroom that night where an unknown man offered him free cocaine. Hancock took the cocaine, weighing 1.59 grams, and put two small plastic bags containing the white powder into his wallet. The unknown man then left. Shortly afterwards police came into the bathroom where they found Hancock with the drug.
Solicitor Sam Rowland said Hancock had pleaded guilty at the first opportunity.
Hancock's parents, brother and partner were present at Goulburn court to show support. Mr Rowland said the parents wanted to reassure the magistrate that they had "very, very strong words with their son".
Mr Rowland said the "use and possession of illicit drugs was not a regular issue for Hancock".
He said his client had gone out on a Saturday night with friends and it was "not his intention to have a big night".
"Hancock was not aware police were in the club," Mr Rowland said.
"I think it would be unusual for someone to donate an illicit substance."
He said his client had "immediately volunteered to police that he had the [cocaine]."
Mr Rowland said that while Hancock had been before the court before and received a Section 10, "a conviction for a young man is a very significant penalty".
Section 10 allows a court to find you guilty of an offence, but to discharge the matter without recording a conviction
Magistrate Geraldine Beattie took the "unusual circumstances" into account. The magistrate said she had her "suspicions" about the man who handed Hancock the drugs.
She said the court regularly saw what people did to get money for drugs, what people did when on drugs and how this impacted families.
"This night, which should've been a fun night with friends, went out the window," magistrate Beattie said.
"Do the right thing and then that's the end of it. Get on with your life."
Hancock received a 12-month Conditional Release Order with no conviction recorded.
