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Aiding or Abetting the Commission of a Summary Drug Offence in NSW

Aiding or abetting the commission of a summary drug offence in NSW is a crime under section 19 of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison or 12 months in the case of possessing a schedule 9 substance, which is an offence under section 18B(3) of the Act.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You aided, abetted, counselled, procured, solicited or incited the commission of an offence, and
  2. The offence was contained in Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985, which are the offences in sections 10 to 18B of the Act.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self-defence

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