Facing Drug Possession Charges？
Know Your Rights and Defences
Drug possession is a serious criminal charge under the Drug Misuse and Trafficking Act 1985 in New South Wales. Even for small amounts of illegal substances, including cannabis, ecstasy, heroin, cocaine, and LSD, you can be charged and face significant penalties. For restricted substances, such as Xanax or steroids, possessing them without a licence can also lead to criminal consequences.
Key Points:
- Possessing prohibited drugs is an offence, whether for personal use or otherwise.
- The prosecution must prove the drugs were in your possession and that you knew it was illegal.
- There are legal defences available, including honest mistake or lack of control.
If you're facing drug possession charges, it’s essential to seek legal advice as soon as possible.
At Brightstone Defence Criminal Lawyers, we bring years of experience to help you understand your rights and the best course of action.
Contained in section 10 of the Drug Misuse and Trafficking Act 1985, drug possession is an offence in New South Wales. It is illegal to possess prohibited drugs, including cannabis, ecstasy, cocaine, heroin, and LSD.
Under the Drug Misuse and Trafficking Act 1985 (NSW), possession is treated as a criminal offence, even for small amounts and even if it’s just for personal use.
There are also "restricted substances," which require a licence to possess. These include substances like Xanax and steroids, where possession without a licence is a less serious offence.
检方必须证明的要素
To convict someone of drug possession, the prosecution must prove three key things:
- You had a prohibited drug in your custody or control, whether it was on your physical person, in your room, or in your car.
- You knew it was there.
- You knew or should have known it was a prohibited drug.
可能的防御
Depending on the circumstances, some legal defences to drug possession may include:
- Honest and Reasonable Mistake: If a person had an honest and reasonable belief that the substances they were possessing were not illegal, they would not be found guilty.
- No Control: If the drugs were not in your custody or control, such as if they were temporarily in someone else’s possession.
- Duress: If you were pressured or threatened into holding the drugs.
- The Drug Was Not Illicit: The offender would not be found guilty if the prosecution is unable to prove that the alleged drug is indeed illegal. This can be proven through testing, which must be an unbroken chain of possession.
潜在的处罚
Penalties for drug possession vary based on the drug type, quantity, and your personal record. They can include:
- Fines up to $2,200, with the Magistrate or Judge considering your financial situation and ability to repay.
- Section 10: Often, if you plead guilty to a criminal offence, the court imposes a penalty and a conviction. However, a Section 10 can be granted, meaning no conviction or penalty is imposed.
- Imprisonment for up to 2 years.
- Good Behaviour Bond: A court order requiring you to behave well for a certain period, with a maximum duration of 5 years.
Possession might seem like a "low-level" offence, but it can follow you for life. Seek professional legal advice from Brightstone Defence Criminal Lawyers to navigate this serious charge.
法律程序
& 选项
When facing a drug possession charge, the legal process typically begins with your arrest and may progress to court hearings. During this process, the prosecution will present its case, and your defence team will develop strategies to challenge the charges.
恳求
无罪
If you plead not guilty, Brightstone Defence will develop a tailored strategy to defend your case, which may involve:
- Proving that the possession or sale of the drug was lawful or permitted.
- Challenging the identification of the substance involved.
- Arguing a genuine mistake of fact.
- Highlighting any procedural or evidentiary flaws in the prosecution’s case.
We will thoroughly examine all evidence, challenge the prosecution's case, and pursue the best possible outcome on your behalf.
恳求
有罪
If you choose to plead guilty, your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce legal costs and penalties.
- Show remorse, potentially resulting in a more lenient sentence.
- Increase your chances of receiving a Section 10 dismissal or Conditional Release Order (CRO), helping you avoid a criminal record.
Before pleading guilty, speak with one of our experienced criminal lawyers to fully understand your legal options and the potential consequences.
- 不，它也可以包括生产过程中的任何步骤，例如：
- 混合前体
- 组装实验室设备
- 准备成分并意图制造禁止物质
- 不，即使在小规模上也是非法的。
无论规模或数量如何，根据《1985年新南威尔士州毒品滥用和贩运法》第24(1)条，这都是一项刑事罪行。
当然。检察官需要证明存在生产禁止毒品的意图。仅仅拥有某些化学品或工具而没有意图可能不符合制造的法律定义。然而，拥有强大的法律支持以帮助区分您的参与至关重要。
法律上，制造禁止毒品通常指被包括在生产中。这可以包括，例如：
- 去朋友家帮助他操作药丸机
- 购买家庭套件并在家自制MDMA
供应意图可以从以下证据推断：
- 安排交易的短信
- 拥有可密封袋或秤
- 大量无法解释的现金
- 在一个知名的毒品分发区域
法院会考虑以下因素：
- 罪行的情况
- 犯罪者的犯罪历史和品格
- 减轻因素（《1999年犯罪（判决程序）法》第21A条）
初犯者很少被监禁。替代判决可以包括：
- 罚款
- 社区释放令
- 社区瞫正令
初犯者可以通过以下方式避免定罪：
- 参加毒品法院项目
- 追求康复
- 获得第10条
- 提交道歉信
- 提供品格推荐信
前体物质是用于制造新南威尔士州禁止毒品的材料。
新南威尔士州法律限制未经授权拥有某些前体，例如伪麻黄碱，如果意图用于毒品制造。
- 供应涉及分发的证据或分发禁止毒品的意图
- 被视为供应适用于当某人被发现拥有超过可贩运数量的毒品时
- 在这种情况下，法律推定供应意图，即使没有直接证据
是的。根据《1985年毒品滥用和贩运法》第29条，如果您被发现拥有超过可贩运数量的毒品，法律会推定供应意图，除非另有证明。
是的。对于小量（15到30克干燥大麻），新南威尔士州警察可以发出大麻警告。
《大麻警告计划》：
- 自2000年以来一直实施
- 由新南威尔士州警察部队运营
- 在1999年新南威尔士州毒品峰会后制定
警察有酸量权发出警告，鼓励法律意识和健康支持。
对于更严重的罪行，请立即寻求法律建议。
前体物质是用于制造新南威尔士州禁止毒品的材料。
新南威尔士州法律限制未经授权拥有某些前体，例如伪麻黄碱，如果意图用于毒品制造。
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