Possessing a prohibited drug is also known as ‘drug possession’ and is an offence under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) which requires the prosecution to prove beyond a reasonable doubt that a person possessed a substance, that the substance was a prohibited drug, and that the person knew or was reckless to the fact that the substance was a prohibited drug.
These ‘essential elements’ require proof that a person had ‘exclusive possession’ – in other words, that there is no reasonable possibility the drugs were in another’s custody or control, as well as that he or she knew the drugs were actually there or believed it was probable a prohibited drug was in his or her possession, custody or control but did not make enquiries that a reasonable person would have made in the circumstances.
Prohibited drugs include various amphetamines including methamphetamine and MDMA (ecstacy), cocaine, heroin, ketamine, LSD (acid), cannabis and psilocybin (magic mushrooms).
In addition to having to prove the essential elements of the offence, the prosecution will also need to disprove beyond reasonable doubt any legal defences that may be raised on the evidence, including duress and necessity.
The maximum penalty for drug possession is 2 years in prison.
However, those who wish to plead guilty or are found guilty can receive a lesser penalty or avoid a criminal record altogether through what’s known as a ‘non conviction order’, such as a section 10(1)(a) dismissal or conditional release order without conviction.
How Can an Experienced Drug Lawyer Assist?
If you are going to court for drug possession, an experienced drug lawyer can assist by:
- Evaluating the prosecution case,
- Obtaining your account of the events,
- Explaining the law and how it applies to your situation,
- Explaining your options and advising you on the best way forward, and
- Formulating and implementing an effective defence strategy.
For more information about how a specialist drug lawyer can help you achieve the optimal outcome in your case, read our drug lawyers page here.
Call Us Now
If you have received a court attendance notice for possessing a prohibited drug, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free consultation with an experienced defence lawyer with an exceptional track record of obtaining successful outcomes, including having charges dropped or dismissed in court where clients plead not guilty, and ‘non conviction orders’ (no criminal record) where clients wish to plead guilty.
We offer fixed fees for drug possession cases in all New South Wales courts.
Read on for more information about drug possession.
Drug Possession Law
Your Options in Court
More Information on Drug Possession
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