In some circumstances more minor drug charges may be dismissed under Section 10 of the Crimes (Sentencing Procedure) Act 1999. However, there are a wide range of drug offences including possession, manufacture, cultivation and supply of prohibited drugs.
The consequences of being charged with a drug offence can be very serious. Even being charged with a minor possession charge can have potentially shattering consequences. If a conviction is recorded against you, it may affect your employment, travel and future.
Possession of prohibited drugs
In NSW Possession of Prohibited Drugs charges fall within Section 10 of the Drug Misuse and Trafficking Act (NSW). Penalties can include no conviction at all, to a relatively small fine, to imprisonment depending on the types of drug and the quantities involved.
To be convicted of possession the Police must prove beyond a reasonable doubt that you had the drug in your physical possession and that you knew the drug was in fact a prohibited drug.
Supply prohibited drugs
Supply of a prohibited drug can involve the actual supply of a prohibited drug to another person in return for payment or even sharing the drug amongst others. Also, possessing a quantity of a prohibited drug that is deemed to be a “Trafficable Quantity” can lead to a charge of “Deemed Supply” under Section 29 of the Drug Misuse and Trafficking Act (NSW).
The consequence of being charged with drug supply offences in NSW is very serious. It can often result in lengthy terms of imprisonment. It is vital you obtain the right legal advice and representation if you are facing these type of charges.