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Drug Crime

Drug Crime in NSW

Drug Charges and Penalties in NSW .

Drug Offences

Drugs, Charges, and Penalties

Recent events have plunged narcotic use into the news again. Some events now have a heightened police presence with the aim of reducing fatalities thanks to drug use. If an individual is caught with drugs the penalties can vary counting on what they need and the way much of it they’re carrying. Recent efforts to possess drug testing at these events including overdoses and a ramped up police presence has brought this subject to the forefront of our reader’s minds. there's tons of misinformation out there and knowing the law is more important now than ever.

By far one among the foremost common Charges

In Australia today are those concerning drugs. But, not all drug charges are an equivalent , in fact, drug charges are determined by several various factors . Like what drug, where it had been found, what proportion of it had been there, what was the rationale for the possession, and what's the perceived intent? Drug users face a special set of charges than drug dealers and even within these categories charges can vary.

NSW Drug Misuse and Trafficking Act 1985

When pertaining to drugs police are largely following the NSW Drug Misuse and Trafficking Act 1985, which defines prohibited drugs and prohibited plants like cannabis, amphetamines, ecstasy, cocaine, and opiates. If the police have an inexpensive suspicion that somebody is in possession of medicine , they will stop them and search them without placing them under arrest.

So what are the most categories of drug-related charges in NSW?

The charges that typically apply to drugs are usage, possession or trafficking, here may be a break down of those categories.

Drug Use:

Whatever way you select to use, you're violating the law. From Smoking Marijuana to injecting heroin and everything in-between. If you've got used an illegal substance and are arrested for it, you'll face Drug Use Charges. What this suggests is that the police will need to prove that you simply used illegal drugs. Surprisingly, most of those arrests are made because the person has admitted that they need used illegal drugs to the police.

While an individual may show signs of getting used drugs, police must prove that they need taken drugs. albeit the person is carrying drugs, police must either get the person to admit that they took them or get a biopsy to charge an individual with usage.

If you or someone you recognize is facing Drug Charges in Australia, please click here.

Drug Possession:

Drug possession falls under section 10 of the Drug Misuse and Possession Act. Meaning that just being in possession of an illegal drug or substance in NSW means you're considered guilty of violating this act.

Even if an individual hasn’t taken a drug, if they're in possession of it, they will be charged. Section 10 of the Drug Misuse and Trafficking Act pertains to the POSSESSION of prohibited drugs. Possession doesn’t even mean that the drugs are on an individual . If an individual is on top of things or custody, for instance , if the drugs are within the person’s car, they might still be charged with possession. Even momentary possession may be a chargeable offence. Again, the burden of proof falls to police and prosecution. it's important to understand that there are many sorts of possession and though you'll not feel that you simply are violating any laws you alright might be .

In NSW possession charges carry a maximum penalty of 20 penalty units (each penalty unit is a$110 fine) and/or 2 years of imprisonment. it's at the discretion of the court on whether or not they impose other penalties in conjunction with or rather than imprisonment. Other possible penalties can include, home detention, an intensive correction order, a suspended sentence, community service, fines, or they will even issue an honest behaviour bond.

It is rare for possession to be the only charge an individual will face. Usage charges, and counting on the quantity within the person’s possession, trafficking charges are usually included, increasing potential penalties.

Sydney Law Soutions can assist you protect your record from a criminal conviction, contact us today.

Drug Supply and Trafficking:

If an individual is in possession of huge enough quantities of a prohibited substance, charges are often increased to trafficking meaning that you simply are considered to be someone who is supplying drugs to others. In New South Wales, the offense of supplying a prohibited drug carries a maximum penalty of 5.500 penalty units and/or captivity .

This charge is a stimulating one, in that, penalties can vary supported the quantity and drug type. the sort of drug and therefore the amount will have an outsized impact on the sort of penalty the courts will consider.

Quantities are supported weight alone and therefore the purity or concentration of the substance isn't taken under consideration . The severity of penalties linked to trafficking charges increases incrementally because the amount increases. The increments are defined in Schedule 1 of the Drug Misuse and Trafficking Act as small, trafficable, indictable, commercial and enormous commercial quantity, and penalties vary counting on the substance. The table below lists samples of chargeable quantities of prohibited substances.

The amount and sort segmentation are found within the table below.

Small quantity Traffickable quantity Indictable quantity Commercial quantity Large Commerce quantity
Cannabis lead 30.0g 300.0g 1,000.0g 25.0kg 100.0kg
Ecstasy 0.8g 3.0g 5.0g 250.0g 1.0kg
Cocaine / Heroin / Amphetamine 1.0g 3.0g 5.0g 250.0g 1.0kg

Schedule 1 of the Drug Misuse and Trafficking Act sets out the quantity considered to be alittle , trafficable, indictable, commercial and enormous commercial quantity.

Small Quantity

The maximum penalty may be a fine of fifty penalty units and/or imprisonment for two years.

Traffickable Quantity

The maximum penalty within the Local Court may be a fine of 100 penalty units and/or 2 years imprisonment.

Indictable Quantity

The maximum penalty within the Local Court may be a fine of 100 penalty units and/or 2 years imprisonment. the utmost penalty within the District Court is 200 penalty units and/or 15 years imprisonment.

Commercial Quantity

The maximum penalty may be a fine of three ,500 penalty units and/or imprisonment for 20 years.

Large Commercial Quantity

The maximum penalty may be a fine of 5,500 penalty units and/or captivity .

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Aoife O'Donohoe

Aoife O'Donohoe

Solicitor | Sydney