What the law says
Section 36X of the Drug Misuse and Trafficking Act 1985 (NSW) states that it is an offence to be found on, found entering or found leaving drug premises.
Defences
Defences to this offence include necessity and duress. Also, if the accused can satisfy the court that he or she was on or entering or leaving drug premises for a lawful purpose or with a lawful excuse.
Penalty
The maximum penalty for this offence includes:
- For a first offence: $5500 or 12 months imprisonment, or both.
- For a second or subsequent offence: $55,000 or 5 years imprisonment, or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people charged with entering, leaving or being on drug premises. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.