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Conspiring or Aiding in the Commission of an Indictable Drug Offence Outside NSW

Conspiring or Aiding in the Commission of an Indictable Drug Offence Outside NSW is a crime under section 28 of the Drug Misuse and Trafficking Act 1985, which carries the same maximum penalty as the conspired or aided offence if the offence had occurred in New South Wales.

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

  1. You were in New South Wales
  2. You conspired, aided, abetted, counselled, procured, solicited or incited the commission of an offence
  3. The offence occurred, or was to occur, outside New South Wales, and
  4. The offence was the equivalent of 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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