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Drug Possession

Criminal Offences

The offence of drug Possession is found in section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) which deems a person guilty if they have a prohibited drug in their possession.

You could be charged with drug Possession if you are caught:

  1. With a prohibited drug on your body

  2. With a prohibited drug inside your vehicle

  3. With a prohibited drug inside a residence that you have exclusive access and control to.

What must the prosecution prove?

Since drug possession is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • That you had a prohibited drug in your possession; and

  • You knew that it was in your possession; or

  • You knew of its likely existence and nature in your possession.

What Drugs are Illegal to Possess?

Drug possession includes the following:

  1. Cannabis

  2. Ecstasy

  3. Amphetamines

  4. Cocaine

  5. Heroin

  6. LSD

What is a Prohibited Drug?

In the Schedule of the Drug Misuse and Trafficking Act, there is an extensive list of drugs that are illegal to possess. The Act also includes another category of substances known as “restricted substances.” These restricted substances encompass drugs that are available by prescription (such as Xanax or steroids) and chemicals that require a licence to possess. Drug possession without proper authority constitutes a different and generally less severe offence.

What are the maximum penalties for this offence?

The maximum penalties for Possession of a prohibited drug in NSW are:

  •  A fine of $5,500.00; and/or

  • Two years imprisonment.

Defences at Law

  1. Honest and reasonable mistake:

    1. A person would not be guilty of an offence if they had an honest and reasonable belief that the substance they possessed was a legal substance.

  2. The Carey Defence:

    1. The Carey Defence is a defence that applies when a person was temporarily in possession of someone else’s drug. In other words, you cannot be found guilty of drug possession if the Prosecution is unable to prove exclusive possession of the illicit drug.

  3. Duress:

    1. A person is not guilty of a drug offence if they were acting under duress. This means that a serious threat was made to their life or the life of another person and they carried out the act only in response to that threat.

  4. The drug was not an illicit drug:

    1. The accused will be found not guilty if the prosecution cannot prove that the drug was the drug alleged. This must be done through testing and analysing the drug. An unbroken chain of possession much be proven to have occurred while the drug was in the police’s possession ie there was no opportunity for the drug to be tampered with or mixed up with another sample.

  5. You were not in Possession of the Illicit Drug:

    1. For possession to be established, the NSW Police must prove:

      1. The illicit drug was in your exclusive physical control

      2. That you had knowledge of the existence of the illicit drug

What are your options at Law?

 If you are facing charges of Possession of a prohibited drug, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:

  1. Negotiate with prosecutors to withdraw or amend the charges.

  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.

  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.

  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Have You Been Charged with Possession of a Prohibited Drug?

If you’ve been charged with drug possession, it is crucial to act swiftly and seek professional legal assistance. Our experienced team of criminal defence lawyers at Barsha Defence Lawyers is here to help you navigate the legal process and protect your rights.

Contact Us Today for a Free Consultation

Don’t face drug charges alone. Contact our team today to book your first free consultation. Our expert lawyers at Barsha Defence Lawyers are dedicated to achieving the best possible outcome for your case. 

Why Choose Barsha Defence Lawyers?

  • Expert Legal Advice: Benefit from our extensive experience in handling drug possession cases.

  • Personalized Strategy: Receive a tailored legal strategy based on your unique situation.

  • Committed Support: Work with a dedicated team that prioritizes your rights and best interests.

Expert Criminal Defence Lawyers in NSW: Your Best Choice for Court Representation. Are You in Need of a Criminal Defence Lawyer in NSW?

When facing criminal charges, having a skilled and experienced criminal defence lawyer by your side is crucial. At Barsha Defence Lawyers, we provide top-notch legal representation for clients attending courts across New South Wales (NSW). Our team is dedicated to protecting your rights and achieving the best possible outcome for your case.

Why Choose Barsha Defence Lawyers?

  • Experienced Representation:

    • Our lawyers have extensive experience defending clients in all levels of NSW courts, including Local Courts, District Courts, and the Supreme Court.

  • Personalized Legal Strategies:

    • We develop tailored defence strategies that address the unique aspects of your case.

  • Proven Track Record:

    • Our success in achieving favorable outcomes speaks to our commitment and expertise in criminal law.

Reach out now and let us help you secure your future!

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