Drug Offences
Possession, supply, ongoing supply, deemed supply, importation and drug driving matters under the Drug Misuse and Trafficking Act and the Criminal Code.
Charged With a Drug Offence
Drug matters range from a single possession charge in the Local Court to commercial supply and importation in the District and Supreme Courts. The evidence usually involves searches, surveillance, phone material and forensic analysis, and the outcome often turns on how that evidence was gathered and what it actually proves.
Common Drug Charges in NSW
The most common charges include possession, use and self-administration, supply and deemed supply, ongoing supply, cultivation, and Commonwealth importation offences. Each carries a different maximum penalty and is dealt with in a different court depending on its seriousness.
Possession, Supply and Commercial Quantity Offences
The quantity of drug involved determines a great deal, from whether the Local Court can finalise a matter through to whether a commercial quantity applies and the matter must proceed in the District Court, where penalties are substantially more severe.
What the case against you turns on
What the Prosecution Must Prove
For possession, the prosecution must prove you had physical or legal custody or control of the drug and knew, or believed, it was likely to be a prohibited drug. For supply, the prosecution must prove an act of supply, or rely on the deeming provision where the quantity found exceeds the traffickable amount. Understanding exactly what must be proven, and where the evidence is weak, is the starting point for any defence.
Searches, Defences and the Evidence
Drug evidence is frequently obtained through a search warrant, a roadside vehicle search or a personal search, and police must have a proper legal basis for each. Depending on the matter, defences can include a lack of knowledge or control, an honest and reasonable mistake, or a challenge to the deeming provision, alongside issues with continuity of exhibits or forensic testing.
How Shah & Co Lawyers can assist
From a first possession matter to a commercial supply brief, this is the work we do to test the case against you.
Possession and Use Charges
Advice and representation on possession, use and self-administration charges, including diversion options.
Supply and Deemed Supply
Defence of supply, deemed supply and ongoing supply matters under the Drug Misuse and Trafficking Act.
Commonwealth Charges
Representation in Commonwealth importation and trafficking offences under the Criminal Code.
Challenging the Evidence
Challenges to the lawfulness of searches, warrants and the admissibility of evidence.
Negotiations With Police
Negotiations with police prosecutors and the Director of Public Prosecutions on charges and facts.
Diversion and Treatment
Sentencing submissions, Drug Court and MERIT program applications where suitable.
What the prosecution must establish
- That the substance is in fact a prohibited drug of the type alleged.
- That you had knowledge of, and custody or control over, the drug.
- The quantity involved, which determines the charge and court.
- For supply, an act of supply or the basis for deemed supply.
Possible outcomes
- Section 10 dismissal or conditional release order without conviction.
- Fine or good behaviour bond for lower level possession matters.
- Community correction order or intensive correction order.
- Full time custody for serious supply, cultivation or importation matters.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other criminal law services
Police Interviews
Advice and representation before, during and after a police interview. We protect your right to silence and your right to legal representation.
Learn moreBail Applications
Urgent bail applications in the Local, District and Supreme Court, prepared quickly and properly, with release plans, sureties and supporting material.
Learn moreAssault Offences
Common assault, assault occasioning actual bodily harm, reckless wounding, grievous bodily harm and affray. Defence, plea and sentencing representation.
Learn moreTraffic Offences
Drink driving, drug driving, dangerous driving, negligent driving occasioning death or grievous bodily harm, licence appeals and habitual offender declarations.
Learn moreAVO Matters
Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders. Defending applications and applying for orders on instructions.
Learn moreDomestic Violence Matters
Domestic violence charges, related AVOs and breach of AVO proceedings. We act for both accused persons and protected persons.
Learn moreSpeak with a solicitor about your drug charge.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.