Possess Prohibited Drug
What is Possess Prohibited Drug?
Under Section 10 of the Drugs Misuse and Trafficking Act 1985, it is an offence to possess a prohibited drug.
It is a summary offence, which means that it will be dealt with in the Local Court jurisdiction.
Common prohibited drugs can include Cannabis, Amphetamine (Ice and Speed), Heroin, LSD, GHB, MDMA, GHB, however, the list can also include other lesser known substances.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
That the accused had possession of the prohibited drug at the alleged time
That the accused had knowledge of having possession of the drug
In a shared living environment, the Prosecution often will not be able to prove the charge, being unable to attribute the sole possession of the specific drug to one person.
Can Police use sniffer dogs on me?
Quite often, drugs would be initially detected by a police sniffer dog, and a police officer with a reasonable suspicion the person would possess a prohibited drugs, would then stop and search the person.
Police can search a person with sniffer dogs present, without requiring a warrant. This can occur at concerts, festivals, sporting events or any other public place where either entertainment is held, or alcohol is being consumed such as a pub or club.
The drugs were not that much as Police allege?
Often, Police will weigh the drugs seized in the original bags, and will refer to the total weight in the Police Facts Sheet. It is important to speak to an expert Drug lawyer immediately, as you should not be charged or proceed to sentence for a weight that is excessive to the amount of drug.
Going to Court – "What am I looking at?"
This offence carries a penalty of a maximum fine of $2,200 and/or 2 years imprisonment.
In NSW, it is usually the case that the greater quantity of the drug, the harsher the penalty that the Court will give out. The Court will however, also take into account the fact that if the intention was for personal use, it will attract a lesser penalty.
In many cases involving a charge of Possession, especially where the amount is small, custodial sentences will not be imposed, but rather a range of sentencing options may include either a Community Correction Order ("CCO") or a Conditional Release Order ("CRO"), whereby the matter can be discharged under a bond or undertaking to the Court that no further offences will be committed without the need for a conviction and a criminal record.
Contact Lawyer Call today and speak to an expert Drug Lawyer today.