If you are charged with a drug offence, you should obtain legal advice immediately. There are a number of possible State and Federal laws under which charges may be laid, each with different elements, penalties and procedures. Contact us for a free initial consultation.
New South Wales Law
Most criminal offences are set out in the Crimes Act 1900 (NSW). Drug offences are so numerous and complex that they are set out in a separate piece of legislation: the Drug Misuse and Trafficking Act 1985 (NSW).
Division 1 of Part 2 sets out summary offences, for which the penalty is a fine of 20 penalty units and/or imprisonment for 2 years, except as otherwise expressly provided by the Division. Examples of summary offences under this division include possession of a prohibited drug, possession of equipment for the administration of a prohibited drug and obtaining a prescription by false representation.
Division 2 of Part 2 sets out indictable offences, for which the penalties vary depending on whether the matter may be dealt with summarily in the Local Court or only on indictment. The penalties range from imprisonment for 2 years all the way to life, depending on the particular offence and the quantity of drugs involved. Examples of indictable offences under this division include supply of a prohibited drug and manufacture of a prohibited drug.
Federal Law
The Criminal Code Act 1995 (Cth) sets out a vast number of drug offences. The penalties range from 2 years imprisonment and a fine, to life imprisonment and enormous fines. Offences found in the Code include:
- Section 302.2: Trafficking commercial quantities of controlled drugs –maximum penalty imprisonment for life and/or 7,500 penalty units.
- Section 303.4 – Cultivating commercial quantities of controlled plants –maximum penalty imprisonment for life and/or 7,500 penalty units.
- Section 304.1 – Selling commercial quantities of controlled plants – maximum penalty imprisonment for life and/or 7,500 penalty units.
- Section 307.10 – Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported – maximum penalty imprisonment for 2 years and/or 400 penalty units.
- Section 320.2 – Importing psychoactive substances – maximum penalty imprisonment for 5 years and/or 300 penalty units.
These offences are well known for their comprehensiveness and their harsh mental elements, for example the irrelevance of intention in the case of certain possession offences.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.