Allowing Use of Premises as Drug Premises Lawyers NSW

What is Allowing Use of Premises as a Drug Premises?

Under Section 36Y of the Drugs (Misuse and Trafficking) Act 1985, it is an offence to allow living premises to be used for the purposes of being used as drug premises.

 

It will be alleged that the offence was committed by either the owner or occupier of the premises who has allowed this place to be used for the purposes of conducting illegal drug related activity. Drug premises can be defined as the place where the manufacture, supply or commercial cultivation of drugs or plants takes place.

The word ‘premises’ is not limited to a house, and can also include other physical structures such as vessels, boats, aircraft cockpits, buses, and shipping containers.

What the Prosecution need to Prove (Beyond a Reasonable Doubt):

 

  1. Evidence that the premises were used for unlawful drug supply or manufacture including:

  • Documents or log books in relation to the manufacture or supply activity

  • Scientific equipment used for manufacturing purposes

  • Firearms or people found on the premises acting as lookout

  • External or internal construction of the premises for the purposes of allowing the manufacture

  • Large amount of money that is not accounted for

  • Police officer being obstructed from entering through barricades

  • Security devices installed in obscure rooms

  • Persons affected by drugs on the premises

 

  2. Evidence that the premises were used for the purposes of cultivation for commercial profit by enhanced             indoor means including:

  • Lighting and ventilation equipment

  • Pots and growing chambers, basins and hoses

  • Boarded up windows, doorways, and physical internal transformation of rooms

  • Bottles of soil nutrients, chemicals and fertilizers

  • Documents, books, brochures, receipts and instruction manuals in relation to the growing of the cannabis

  • Left over material such as clippings, leaf or seeds

  • Tampered connections with electricity meter

  • Presence of independent generators

Going to Court – What am I looking at?

If this was a first offence, it carries a maximum penalty of up to 12 months imprisonment and $5,500 fine, and will be heard in the Local Court. However, if this is a second offence, the matter will be heard before a Judge in the District Court where the maximum penalty can be as high as 5 years of imprisonment and a fine of up to $55,000.

Contact Lawyer Call today for expert advice from a Drug Offence Solicitor.

 

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