Drug offences and penalties in New South Wales fall under the Drug Misuse and Trafficking Act 1985. If you have been charged with possession, supply or manufacture of a prohibited drug, the following information will guide you to what penalties could apply.
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Possession of prohibited drug
If you are found guilty of being found in possession of an illegal drug, the court may order that you serve up to 2 years’ imprisonment.
Click here for the lawWhat court would I go to?
Charges of drug possession are heard summarily in the Local Court.
What can we do to help?
When you contact us we can inform you of the likely sentence you will receive if found guilty and help create a strategy specific to your circumstance, which can help you through the court process through the use of mitigating circumstances and possible defences. Some mitigating factors that we can ask the court to consider include an early guilty plea, time already spent in custody, your vulnerability, your rehabilitation prospects, your remorse and we can also show evidence of your good character. Common defences for this type of charge can include duress and necessity which may be appropriate in your case. We will also be able to assist you in dealing with any aggravating factors that may be present such as previous convictions.
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Supply prohibited drug
If you are found guilty of selling, distributing, agreeing to sell, delivering or receiving an illegal drug, you could potentially be facing up to 15 years’ imprisonment.
Click here for the lawLesser penalties that Talty Lawyers can help you achieve range from a Section 10 dismissal, good behaviour bond, Community Service Order, suspended sentence or an Intensive Correction Order (periodic detention).What court would I go to?
The courts will determine whether you will be appearing in the Local or District Court according to the quantity of drugs involved in your matter. If the amount is a sizeable quantity deemed by law then your matter can only be finalised in the District Court. Alternatively, if the amount is below the indictable quantity, your matter will automatically be dealt summarily in the Local Court unless either you or the DPP elect for it to go to the District Court.
What can we do to help?
When you contact us we can inform you of the likely sentence you will receive if found guilty and help create a strategy specific to your circumstance, which can help you through the court process through the use of mitigating circumstances and possible defences. Some mitigating factors that we can ask the court to consider include an early guilty plea, time already spent in custody, your vulnerability, your rehabilitation prospects, your remorse and we can also show evidence of your good character. Common defences for this type of charge can include duress and necessity which may be appropriate in your case. We will also be able to assist you in dealing with any aggravating factors that may be present such as previous convictions.
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Manufacture of a prohibited drug
If you are charged with the manufacturing a prohibited drug, being that you knowingly took part in preparing, producing and processing a drug, you could be liable to 15 years’ imprisonment.
Click here for the lawLesser penalties that Talty Law can help you achieve range from a Section 10 dismissal, fine, good behaviour bond, Community Service Order, suspended sentence or an Intensive Correction Order (periodic detention).What court would I go to?
The courts will determine whether you will be appearing in the Local or District Court according to the quantity of drugs involved in your matter. If the amount is a sizeable quantity deemed by law than your matter can only be finalised in the District Court. Alternatively, if the amount is below the indictable quantity, your matter will automatically be dealt summarily in the Local Court unless either you or the DPP elect for it to go to the District Court.
What can we do to help?
When you contact us we can inform you of the likely sentence you will receive if found guilty and help create a strategy specific to your circumstance, which can help you through the court process through the use of mitigating circumstances and possible defences. Some mitigating factors that we can ask the court to consider include an early guilty plea, time already spent in custody, your vulnerability, your rehabilitation prospects, your remorse and we can also show evidence of your good character. Common defences for this type of charge can include duress and necessity which may be appropriate in your case. We will also be able to assist you in dealing with any aggravating factors that may be present such as previous convictions.