Understanding Prohibited Drug Charges in Sydney: What Should You Do 

According to the Drug Misuse and Trafficking Act 1985, Section 10, anyone possessing prohibited drugs in New South Wales, including Sydney, can be given imprisonment of maximum two years and a penalty of $2,200. There is a long list of drugs that you are legally not allowed to possess in Sydney. Some of the most common ones include cannabis, cocaine, heroin, amphetamines, ecstasy, and LSD. 

If you have been charged with possessing prohibited drugs, get the help of Sydney criminal defence lawyers as soon as possible. Here you will get more information about prohibited drug charges in Sydney and what you can do for your defence.

Types of Prohibited Drug Charges in Sydney

There are different types of prohibited drug charges in Sydney. These include:

• Usage: Self-administration of an illegal drug is an offence under the Act, and police have to prove that the person consumed it.
• Possession: The police have to prove that the person had custody or control of the illegal drug and was aware of it.
• Supply and trafficking: As per the drug quantity involved, the seriousness of the offence is measured.
• Cultivation: Includes sowing seeds, planting, nurturing, and harvesting prohibited drugs.
• Manufacturing: Includes manufacturing, financing, or providing premises for prohibited drugs.
• Aiding and abetting
• Possessing drug-use implements

Consequences of Drug Charges in Sydney

If you have been convicted with any of these charges, you may be given any of the following penalties:

• No conviction recorded: Under Section 10(1)(a) of the Crimes Act 1999, this is the lightest sentence you may receive from a Sydney or NSW Court. Under this penalty, the court lets you go free without criminal conviction under specific conditions, even if you have been found guilty of possessing drugs.
• Conditional release order without conviction: Under Section 9(1)(b), you may receive a conditional release order without any criminal conviction, which is a good behaviour bond. The order starts from the sentencing date and lasts for up to two years. It orders you not to commit any offence in the future, or they may also impose other conditions like rehabilitation or supervision. If you are found breaching the order, you may be re-sentenced with a harsher punishment with a criminal conviction.
• Conditional release order with conviction: Under Section 9(1)(a), you receive a good behaviour bond with a criminal conviction.
• Fine: While the maximum penalty you may be charged with is $2,200, it is often given under extreme cases, and the average fine is $300. The fine imposed on you usually depends on your financial situation and your payment capacity.
• Other Sentences: In severe cases or repeat offending instances, the court may impose harsher punishment on you, including Intensive Corrections Order, Community Service Order, or imprisonment. 

Defence Options

If you have prohibited drug charges, Sydney criminal defence lawyers can represent your defence by arguing any of the following:

Honest Mistake: 

You will not be charged for an offence if you honestly did not know that the substance you have been found with was illegal and are caught without any ulterior motive.

Carey Defence: 

This defence is applicable when you can prove that you temporarily kept someone else’s substance without knowledge.

Duress: 

You may not be charged guilty if you can prove that someone else threatened you for life or with another serious threat to do the offence.

Not an Illicit Drug: 

You will not be charged if the prosecution failed to prove that the drug found with you was not the alleged drug.

According to local reports, the Local Health Districts estimated that the largest populations of people who inject drugs were in Sydney and South Western Sydney.

Unfortunately, if you have been charged with any such offence, find qualified and experienced Sydney criminal defence lawyers, who can take you out of the charge with no or minimal penalty. And, be aware of some of the essential things regarding prohibited drug charges in Sydney.