Drug offences constitute some of the most common criminal offences and result in some of the most serious consequences.
Most of the law with regard to drug offences is based on statute law (legislation). The primary piece of legislation in relation to drug offences is the Drug Misuse and Trafficking Act 1985 (NSW). This act outlines each offence in relation to prohibited drugs and the punishments of each. The only distinction made between drugs within the act is that between prohibited drugs and prohibited plants. Some of the prohibited drugs included within the act include:
The Act indicates that there are higher penalties for larger quantities of drugs, and where children are exposed to the mechanisms, ingredients, prohibited drugs, supply or supply process. However, there are also lower penalties in situations where the drug in question is cannabis. The mens rea (intent) of the offender is also an important consideration when determining the guilt of the accused charged with an offence. An example is in the circumstance of aggravated offences, where there must be proof of an intent to deal with a commercial quantity (proof of knowledge, and a belief or awareness of the likelihood that commercial quantities would be involved).
A common rehabilitation program is the Magistrate’s Early Referral Into Treatment program (MERIT), designed for adult offenders who voluntarily work towards rehabilitation as a part of the bail process. The program runs for a minimum of 12 weeks. Upon the conclusion of the program, a plea is entered, then the trial commences and if necessary, the accused is convicted and sentenced. The primary aim of MERIT is to mitigate the overall penalty issued.
Drug offences can be divided into 5 clear categories. These include:
-
-
-
-
-
-
Most drug offences are controlled by State legislation with the exception of some, which fall under Commonwealth jurisdiction. Commonwealth drug offences include trafficking and importation/exportation of drugs. Such offences can be located within the Criminal Code Act 1995 (Cth).
How can Prime Lawyers help you?
At Prime, we have a number of experienced criminal lawyers who are experienced in dealing with drug offences. They will carefully examine your matter and fight vigorously to achieve the best outcome for you. They will discuss any possible defences with you and should the police have a weak case against you, they will negotiate to have the charges reduced or even dropped.