Have you been found with a tablet press or drug encapsulator in your possession?
If so, you may face criminal charges under section 11B of the Drug Misuse and Trafficking Act 1985.
That section makes it a criminal offence to have a tablet press or drug encapsulator in your possession, unless you are able to prove that the item was not being used in connection with an unlawful activity, or that you had a reasonable excuse for having the item in your possession.
A ‘drug encapsulator’ refers to a device that is capable of producing a prohibited drug in a capsule form.
A ‘tablet press’ is a device that is capable of producing a prohibited drug in a pill or tablet form.
To be charged with this offence, the prosecution must prove that you had a tablet press or a drug encapsulator under your custody and control.
Your matter will be dealt with in the Local Court before a magistrate.
The maximum penalty for this offence is a fine of $2,200 and/or 2 years imprisonment.
However these penalties will only apply in the most serious of cases, and with the help of a drug law expert you can fight to avoid a conviction on your criminal record.
11B Possession of tablet press or drug encapsulator
(1) A person who has in his or her possession a tablet press or drug encapsulator is guilty of an offence.
(2) It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes:
(a) that the tablet press or drug encapsulator is used in connection with an activity that is not unlawful, or
(b) that the defendant otherwise has a reasonable excuse for possessing the tablet press or drug encapsulator.
Why Sydney Criminal Lawyers®?
Choosing the best lawyer to represent you in your drug matter can be a difficult decision to make.
However, as Sydney’s only drug law specialists, you can count on the team at Sydney Criminal Lawyers® to ensure you get the best possible result in your matter.
Our lawyers have a wealth of experience representing clients in all kinds of drug matters – from drug possession to drug importation.
Our expert knowledge of drug law enables us to secure the best results for our clients, time and time again – allowing them to get on with their lives as soon as possible.
In every case, we dedicate the time and effort to carefully examine all the evidence in order to identify any issues with the prosecution case at the outset.
Where issues are found, we can write to the prosecution requesting that the charges be dropped on this basis.
Should the prosecution refuse to drop the charges, our fearless lawyers will give you the best possible representation in court by presenting your case in the most persuasive manner, along with any possible defences that you may have.
If you wish to plead guilty, our lawyers will prepare compelling sentencing submissions which emphasise the need for a lenient penalty.
In many cases, we are able to obtain ‘section 10 dismissals and conditional release orders’ for our clients – which is where you are found guilty of the offence but no conviction is recorded on your criminal record, allowing you to move on with your life without the burden of a criminal conviction.
Our proven track record of being able to obtain non conviction orders in even the most unlikely circumstances is a reflection of our lawyers’ skill and knowledge.
We also offer competitive fixed fees – so you don’t have to worry about any hidden legal costs.
Call us today on (02) 9261 8881 and book your FREE first conference with our criminal defence team to discuss your options.