What the law states
Section 26 of the Drug Misuse and Trafficking Act 1985 (NSW) states that anybody conspiring with another to commit any offence under the relevant division (including the indictable drug offences listed below) is liable to the same punishment as if they were guilty of the offence they are conspiring to commit. For information on the offences and their respective penalties and defences:
In which court will my matter be heard?
Each of these offences under Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985 (NSW) including conspiring to commit a drug offence, are indictable offences. This means that the offences carry more severity and higher penalties than those offences under Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985 (NSW). Because of this, such matters are heard in the District or Supreme Court.
Indictable offences such as this can be dealt with summarily (in the local court) unless the prosecution elects otherwise. This is possible only if the quantity of the drug is not more than the small quantity specified in Schedule 1, Column 2 of the Drug Misuse and Trafficking Act 1985 (NSW),or not more than the indictable quantity. The quantity varies for each type of drug. For details on the quantity of each drug required to constitute a small or indictable quantity, click here.
Defences
Defences to the offence of conspiring to commit an indictable drug offence include but are not limited to duress and necessity.
How can Prime Lawyers help you?
If you have been charged with conspiring to commit a drug offence, the criminal lawyers at Prime Lawyers can assist you. They have a wealth of experience in dealing with drug matters and will fight vigorously to obtain the best result for you.