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Conspiring to Commit an Indictable Drug Offence

Conspiring to commit an indictable drug offence is a crime under section 26 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 conspired to commit 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.

The term ‘conspire’ is not defined by the Act, but has been defined by the courts as:

“an agreement between two or more people to do an unlawful act” and as, “an agreement to engage in a common enterprise to do the unlawful act alleged”.

Defences to the charge include duress and necessity.

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