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Aiding or Abetting the Commission of an Indictable Drug Offence

Aiding or abetting the commission of an indictable drug offence is a crime under section 27 of the Drug Misuse and Trafficking Act 1985, which carries the same maximum penalty as the aided or abetted offence itself.

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 an indictable drug offence under the Act.

Relevant ‘indictable drug offences’ are contained in sections 23 to 25A of the Act, and include:

  1. The cultivation of prohibited plants
  2. The manufacture or production of prohibited drugs
  3. The possession of apparatus for manufacture or production of prohibited drugs
  4. The possession of prohibited drug precursors, and
  5. The supply of prohibited drugs.

Defences to the charge include duress and necessity.

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