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

Aiding or abetting the commission of a summary drug offence outside NSW is an offence under section 20 of the Drug Misuse and Trafficking Act 1985.

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
  2. The substantive offence occurred outside New South Wales
  3. The substantive offence was equivalent to one contained in Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985, and
  4. Your conduct occurred within New South Wales.

Equivalent offences include:

  1. Possessing prohibited drugs
  2. Possessing equipment to administer prohibited drugs
  3. Possessing a tablet press or pill encapsulator
  4. Possessing instructions to produce or manufacture prohibited drugs
  5. Forging prescriptions relating to prohibited drugs, and
  6. Obtaining prohibited drugs through false representations.

The maximum penalty is the same as that which applies to the substantive offence if it had occurred in New South Wales, which is 2 years in prison or 12 months in prison for an offence under section 18B(3) of the Act, which is Possessing a Part 9 substance.

Defences to the charge include:

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

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