Recently, Barsha Defence Lawyers represented a client who had been charged with possess prohibited drug pursuant to section 10 of the Drug Misuse and Trafficking Act 1985 (NSW).

Our client was a student returning home and had left a small amount of cannabis in his backpack. Upon disembarking from Blacktown train station, NSW Police officers with sniffer dogs stopped and searched our client believing that he was in possession of a prohibited drug. Our client co-operated with Police and made admissions that he had a small amount of cannabis in his backpack. Police seized the drug and issued a field Court Attendance Notice for Blacktown Local Court.

Possession Of Prohibited Drugs: The Law

Pursuant to section 10 of the Drug Misuse and Trafficking Act 1985 (NSW).;

1)  A person who has a prohibited drug in his or her possession is guilty of an offence.

(2)  Nothing in this section renders unlawful the possession of a prohibited drug by—

(a)  a person licensed or authorised to have possession of the prohibited drug under the Poisons and Therapeutic Goods Act 1966,

(a1)  a person acting under a poppy licence under the Poppy Industry Act 2016,

(b)  a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,

(b1)  a person acting in accordance with a direction given by the Commissioner of Police under section 39Q,

(c)  a person for or to whom the prohibited drug has been lawfully prescribed or supplied, or

(d)  a person who—

(i)  has the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and

(ii)  has the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply.

The maximum penalty for possession of a prohibited drug is 2 years imprisonment and/or a $2,200.00 fine.

The maximum penalty is however reserved for the worst cases of drug possession. In most cases, if a person pleads guilty, they will receive either a fine or a form of good behaviour bond.

A person can avoid a criminal conviction entirely for drug possession.

The Outcome: Non-Conviction!

Due to our client’s admissions and the legality of the search, we obtained instructions to enter a plea of guilty and proceed to sentencing. Our experienced criminal defence lawyers worked tirelessly with our client to obtain subjective material which included a letter of apology, psychological reports and character references. Combined with strong submissions, our criminal defence lawyers were able to persuade the Magistrate not to record a criminal conviction. Instead, the Magistrate ordered a Conditional Release Order Without Conviction for a period of 6 months.

The standard conditions of a Conditional Release Order without Conviction are:

1. You must not commit any offences
2. You must appear before Court if you are called upon to do so during the term of the order

You Could Be Charged With Possession Of A Prohibited Drug 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?

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

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. 

Going To Court For Drug Possession? Let Barsha Defence Lawyers Represent You

1. Going To Court For Traffic Offences: Traffic offences can range from minor infractions to serious violations that carry severe penalties. Our legal team specializes in defending clients against speeding tickets, reckless driving, hit and run, and other traffic violations. We work to minimize fines, points on your license, and other penalties, helping you maintain a clean driving record and non-conviction.

2. Going To Court For Drug Offences: Facing charges for drug offences can be overwhelming and carry harsh penalties, including imprisonment and heavy fines. Our experienced lawyers provide robust defence for a variety of drug-related charges, including possession, trafficking, manufacturing, and distribution. We meticulously examine the details of your case to build a strong defence aimed at reducing or dismissing the charges. If you’re looking for a, non-conviction get in touch today!

3. Going To Court For Assault: Assault charges can arise from various situations and can lead to serious legal consequences. Our legal team is adept at handling cases involving simple assault, aggravated assault, and battery. We provide thorough investigation and strategic defence to challenge the evidence and protect your rights, striving for the best possible outcome in your case. Often times, a non-conviction is possible with the right legal strategy.

4. Going To Court For Sexual Offences: Charges of sexual offences are extremely serious and can have life-altering consequences. Our lawyers are experienced in defending against allegations of sexual assault, rape, child molestation, and other sexual crimes. We offer sensitive and discreet legal representation, focusing on protecting your rights and reputation while providing a strong defence strategy. Need a non-conviction get in touch today!

5. Going To Court For Property Offences: If you are charged with property offences such as vandalism, trespassing, arson, or property damage, our dedicated legal team can help. We understand the complexities of property crime cases and will work tirelessly to defend your rights, aiming to reduce charges or obtain a non-conviction.

6. Going To Court For Firearm and Weapon Offences: Facing firearm or weapon charges can be daunting. Our lawyers specialize in defending against charges related to illegal gun possession, firearms violations, and concealed weapon offences. We provide robust defence strategies to challenge the prosecution’s case and obtain a non-conviction.

7. Going To Court For Domestic Violence Offences: Charges of domestic violence can have serious consequences on your life. Our legal team is experienced in handling domestic abuse, battery, and spousal abuse cases. We provide compassionate and effective representation to defend your rights and work towards the best possible outcome in your case which is a non-conviction.

8. Going To Court For Fraud Offences: Fraud charges require a meticulous and strategic defence. Our lawyers are well-versed in defending against various types of fraud, including identity theft, credit card fraud, and insurance fraud. We investigate every detail of your case to build a strong defence and protect your reputation and future to secure a non-conviction.

9. Going To Court For Drink Driving Offences: Being charged with drink driving (DUI) can lead to severe penalties, including fines, license suspension, and jail time. Our experienced DUI lawyers provide aggressive defence strategies to challenge the evidence against you, aiming to reduce or dismiss the charges and obtain a non-conviction.

10. Going To Court For Drug Driving Offences: Charges for driving under the influence of drugs (drugged driving) are serious and complex. Our legal team specializes in defending clients accused of drug driving, focusing on challenging the prosecution’s evidence and providing expert representation to protect your rights and driving privileges. This is only possible if you obtain a non-conviction.

11. Going To Court For Licence Appeals: If your driver’s license has been suspended or revoked, our lawyers can assist you in the appeal process. We understand the importance of your driving privileges and will work diligently to build a compelling case for the reinstatement of your license, ensuring you can get back on the road legally.

12. Going To Court For Bail Applications: Securing bail is crucial for your freedom while awaiting trial. Our lawyers are experienced in handling bail applications and hearings, providing strong arguments to the court for your release. We aim to secure the most favourable bail conditions, allowing you to prepare for your defence without unnecessary detention.

13. Going To Court For Section 14 Applications: Section 14 applications are critical for certain legal defences and procedural matters. Our legal team is skilled in preparing and filing Section 14 applications, ensuring compliance with legal standards and advocating for your best interests in court. We provide expert guidance throughout the application process to achieve optimal results.

Charged With Possession Of A Prohibited Drug? Contact Us Today To Increase Your Chances Of Obtaining A Non-Conviction!

Barsha Defence Lawyers provides accurate and affordable legal representation for individuals facing drug charges. If you or someone you know has been charged with an offence, obtaining legal representation at the inception of the criminal justice process is critical and could decide whether you obtain a non-conviction. Get in touch with the experts at Barsha Defence Lawyers today to book your initial free consultation with our experienced lawyers. Otherwise, click the link to learn more about pleading guilty and attending the Local Court for Sentencing. Don’t risk a severe penalty, get in touch with the experts in criminal defence to obtain a non-conviction.