Drug Offences

One of the most common drug charges at the lowest end of the scale of seriousness normally attracting a fine are charges of Possession under section 10 of the Drug Misuse and Trafficking Act.

Please follow the links to some cases which provide good examples of dishonesty offences.

Possession of small amounts: Williams (1978) 140 CLR 591. Possession and cars - having the keys does not mean you are guilty:Amantidis (2001) 125 A Crim R 89.

When the quantity is large such as kilos of cannabis or hundreds of ecstasy tablets the offence of deem supply is typically laid by the police Krakouer (1998) 155 ALR 586. We are involved in the more serious matters or for those who's jobs are affected by criminal convictions, for example, those wishing to travel to the US who need to disclose convictions or those who undergo records checks as part of their employment or promotions structures.

A serious offence is the charge of Supply under section 25 and 25A . The range of penalties dramatically increases for those who supply for commercial gain, commercial quantity or those who have a drug or gambling addiction. Often their family approach us in a bid to limit the offenders sentence. We have appeared on many occasions for those who are charged. A few interesting cases: Pinkstone v The Queen [2004] HCA 23; Jasper [2003] NSWCCA 186; Frazer [2002] NSWCCA 59.

Related charges of Knowingly Concerned or Take Part in Manufacture are matters which carry gaol sentences under section 24. The most common drug manufactured is known as speed, gas or amphetamines. McCoy [2001] NSWCCA 255

Please note that Standard Non Parole periods also apply to certain drug offences.

The above offences are under the NSW Drug Misuse and Trafficking Act however we have also appeared in respect of numerous Importation. A leading authority is: He Kaw Teh (1985) 157 CLR 523. These offences are prosecuted under the Commonwealth Criminal Code. Most cases involve those who are regarded as 'mules'. These individuals are recruited being naive or misguided family members who are coaxed into completing the activity by traveling overseas and concealing drugs as they are brought back into the country. The media is frequently publicising our cases.

Please note that we do not accept legally aided matters.