What the law states
Section 28 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
A person who, in New South Wales:
(a) conspires with another person or persons to commit an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Division, or
(b) aids, abets, counsels, procures, solicits or incites the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Division,
is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as the person would be if the person had committed the offence which was committed outside New South Wales.
This section indicates assisting or pushing somebody to commit an offence carries just as bad a penalty as performing the offence itself.
Example of this offence
A common example of this offence includes organising from Sydney the sale of drugs in clubs in Melbourne.
In which court will my matter be heard?
Offences including conspiring to commit and aiding etc the commission of an offence outside New South Wales fall under Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that these offences are considered indictable offences, and 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 if the amount is not more than the indictable quantity. The quantity varies for each type of drug. For more information on small and indictable quantities of drugs, click here.
Defences
Defences for this offence include necessity and duress.
Penalty
The penalty for this offence depends upon the law in force in whichever state the offence was committed.
How can Prime Lawyers help you?
If you have been charged with conspirong to commit or aiding to commit an offence outside of NSW, the experienced criminal lawyers at Prime can assist you. They will asses the facts of your matter and assist you in making decisions which will benefit you, and will work tirelessly to secure the most favourable result for you.