PROHIBITED DRUG POSSESION

A drug possession offence refers to the illegal act of having a prohibited drug in one's possession. According to section 10 of the Drug Misuse and Trafficking Act, the specific wording is:

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

Being convicted of drug possession can have significant consequences, such as affecting one's ability to travel internationally or work in certain industries. If you have been charged with a drug possession offence, contact Sydney Defenders immediately and speak with a drug lawyer today.

WHAT ARE PROHIBITED DRUGS?

Prohibited drugs are substance listed in Schedule 3 of the Drug Misuse and Trafficking Act 1985 in New South Wales.

Click here to access the list.

POSSESSION AS AN ELEMENT OF PROHIBITED DRUGS

In respect of the term ‘possess’, this is very broadly construed and read in relation to its general meaning. As such, if you had knowledge of the item and its likely existence, and you were in control of the item, then it is likely you had possession of it.

WHAT DO POLICE NEED TO PROVE FOR CONVICTION?

To convict you of possessing a prohibited drug, the prosecution must prove each of the following matters beyond a reasonable doubt:

You had a prohibited drug in your possession; AND
You knew it was in your possession, or you knew of its likely existence and nature; or
You believed that it was a drug.

The offence of possess prohibited drug is a summary offence, it can be dealt with in the Local Court

PENALTY FOR PROHIBITED DRUG POSSESSION

In NSW, possessing a prohibited drug carries a maximum penalty of 20 penalty units and/or 2 years imprisonment. Drug possession charges are considered very serious by the courts and the risk of a conviction is real, even for first time offenders.

Being convicted of drug possession can have significant consequences, such as affecting one's ability to travel internationally or work in certain industries. If you have been charged with a drug possession offence, contact Sydney Defenders immediately and speak with a drug lawyer today.

PLEADING NOT GUILTY

Some common defences to drug possession are:

A person to whom the prohibited drug has been lawfully prescribed or supplied to
A person had no knowledge that the drugs were on their person
A person did not have exclusive possession of the drugs
The police conducted an illegal search

If you are suspected by the police of being involved in a drug offence or have been charged with one, it’s crucial to contact an experienced Sydney drug lawyer as soon as possible.

Sydney Defenders have years of experience and knowledge within the criminal justice system and have successfully defended numerous drug possession charges. Our experienced drug lawyers can identify weaknesses in the prosecution's case and potential legal defences. They will push for the charges to be withdrawn or, if necessary, fight for the case to be dismissed in court.

PLEADING GUILTY

You may plead guilty to the offence of possessing a prohibited drug if you accept the charges against you and the ‘facts’ alleged by the police. Your case will then be listed for sentencing.

Avoiding a criminal conviction for a drug possession:

If you intend to plead guilty, it is important to consult with an experienced criminal lawyer who understands court proceedings and the factors considered during sentencing. An experienced drug lawyer can advise you on the steps to take to maximise your chances of receiving a lenient outcome.

Sydney Defenders specialise in drug possession cases and have achieved numerous successful results where our clients received a Section 10 dismissal or a Conditional Release Order (CRO) without a conviction or a criminal record.

WHY CHOOSE SYDNEY DEFENDERS TO BE IN YOUR CORNER

Sydney Defenders specialises in advocating for their clients, protecting their rights and seeking justice through fair hearing.

Drawing upon a collective experience of over a decade, our firm is dedicated to delivering services that excel beyond comprehensive, honest and strategic representation but also supportive and empathic client-lawyer connection.

This unique blend of qualities has earned our team a stellar reputation for providing five-star quality services, as recognised by our clients.

Whether you're seeking to plead not guilty, aiming for the best legal outcome, or assisting a loved one in applying for bail. Making sure you have experienced lawyers who understand the intricacies of the law is fundamental.

Getting legal advice early on is crucial to ensuring your rights and interests are protected. Our lawyers will properly assess your case and guide you towards achieving the best possible outcome.