What are you facing in a Drug Possession charge?

In New South Wales a drug possession charge is a criminal offence. Each drug possession charge is dealt with separately according to that specific offence. As drug offences are criminal offences they are dealt with harsh penalties and even the possibility of being incarcerated. This article aims to entail the most common drug possessions charges, theses fall under the categories of “small quantity, trafficable quantity and indictable quantity” these the three most common severities of individual drug possession. As can be assumed from the names of these offence, the severity of the penalty increased with each category. 

Small Quantity

Possession of a small quantity of drugs is categorised a ‘personal supply’. Exact quantities and amounts are set out in the below table. Pursuant to the Drugs Misuse and Trafficking Act 1985, the charge of small quantity possession carries a maximum financial penalty of $2,200 and/or imprisonment of up to two years. This offence is heard at local court and the burden of proof in such a matter is ‘beyond reasonable doubt’. This means that the court must evidence beyond reasonable doubt than an individual had drugs found in their possession and that they were aware of the drugs. 

Trafficable Quantity

Per the below table, if the volume of drugs is greater than what is deemed a ‘Small Quantities’  it becomes a ‘trafficable Quantity’. In such a case, it must be substantiated beyond reasonable doubt the accused was knowingly in possession of the drugs. That said, accused can make a case on the balance of probabilities that the said quantity was held for a purpose other than the supplying of the drug. A ‘supply’ charge, carries a maximum fine of $11,000 and/or imprisonment of up to two years. It is heard at local court, similar to small quantities but it deemed more serious. 

Indictable Quantity

An indictable Quantity is the most serious of the three said offences discussed. It is an offence of strict liability, meaning it does need to be proved what the accused intended to do with the drugs, only that they were carrying them. It carries maximum penalties. Pursuant to the Drug Misuse and Trafficking Act 1985, with the maximum financial penalty is $220,000 and/or imprisonment for 15 years. Due to the serious nature of the charge it is heard at District Court. 

We can here see that the penalties and severity of offences differs greatly upon the quantity of drug found in one’s possession. It is paramount to be well informed about such information as a few grams can be the difference between a financial penalty and extended jail time. 

What can you do:

The best approach to the criminal charge of drug possession is prevention whereby an individual does not engage in the possession of drugs. The reality is, society is far from idealistic. Situations and circumstances occur and it is best to be prepared and to know the law and your rights. Through being aware of the penalties associated with drug possession charges you have the best chance of getting a favourable outcome in your matter. 

If you are charged with possession of a prohibited substance, seek legal representation as soon as possible if you are intending on getting cautioned by the courts, with no criminal conviction being recorded, even in the event of a ’guilty’ plea by the accused. Seeking a lawyer is the difference between ‘no conviction being recorded’ and jail time. Contact us at Wainwright Legal for a private conversation. 

 The facts:

A full list can be found at- 

http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/dmata1985256/sch1.html