Drug charges are a serious offence that may result in imprisonment. If you are facing drug charges or have been charged with a drug offence, then it is imperative that you contact George Sten & Co Criminal Lawyers for their specialised legal advice.
With over 50 years experience in this area of law, our drug defence lawyers will be able to assist you in building your case and gaining the best possible result. Our Parramatta Drug Lawyers attend Parramatta Local Court on a daily basis.
Being convicted of a drug offence is extremely serious and can have adverse effects on all aspects of your life. The sooner you contact our drug defence lawyers, the sooner you will know how we can help you. Our drug defence lawyers are dedicated to ensuring the best possible result and can be contacted 24 hours a day. So call George Sten & Co on (02) 9261 8640 to book an appointment.
The term 'drug' may be defined as a ‘substance which has a physiological effect when ingested or otherwise introduced into the body’. Under this general definition, many substances are included, including alcohol, tobacco and coffee as well as the more common substances one might usually associate with the term 'drugs' including cannabis, cocaine or ice. Certain drugs are regulated under the criminal law for the purpose of drug harm minimization.
In New South Wales the production, possession, use and administration of drugs is highly regulated. Criminal offences relating to prohibited drugs in New South Wales are largely contained in the Drugs Misuse and Trafficking Act 1985.
While research has shown that some legal drugs such as alcohol or tobacco may cause just as much if not more harm than some prohibited drugs, law enforcement as well as the courts take the view that the production, possession, use or administration of the prohibited drugs listed in the Drugs Misuse and Trafficking Act 1985 may constitute a serious offence.
The list of prohibited drugs is contained in Schedule 1 of the Act. The definition of “prohibited drug” is any drug contained in that specific list. There is a separate definition for “prohibited plant” which is a cannabis plant as well as a short list of other prohibited plants. Significantly, it is not only the 'bud' of cannabis which is listed as a prohibited drug, but also the leaf, oil and resin.
Not only is it an offence to produce, possess, use or administer a prohibited drug, but it may also be an offence to possess for administration, sell, supply or display equipment for the administration of prohibited drugs including water-pipes and ice pipes. This includes devices known as an 'ice pipe' or a 'crack pipe' as well as a 'bong'. It may also be an offence where a person is in possession of a tablet press or drug encapsulator. A “drug encapsulator” is defined as a device that is capable of being used to produce a prohibited drug in a capsule or similar form, including a 'unique part of any such device'.
Some of the most common drug offences in New South Wales include possession of cannabis, ecstasy, cocaine, speed or ice. Where a person is charged with a drug offence, it is essential the evidence relied on by the prosecution to prove the offence has been committed is properly tested for the legal procedure to be fairly and properly carried out. There are a number of essential factors which are required to be proved before a person may be found guilty of having committed an offence, including any drug offence.
For example, where a person is charged with possession of a prohibited drug, the prosecution is required to prove that the accused person was actually in possession of the prohibited drug. This requires the Crown to prove that the accused 'intentionally had the substance in his or her physical custody or control to the exclusion of any other person'. This means that possession may not be able to be proved if a prohibited drug is found to be near the person but not in their custody, or, was in the custody of the person but it was not the intention of the accused person to have the prohibited drug in their custody.
An example where a person does not have the intention of having a prohibited drug in their custody would be where a prohibited drug was planted in their custody without the knowledge of that person.
As mentioned above, being in possession of a prohibited drug is an offence under the Drugs Misuse and Trafficking Act. It is also an offence for a person to administer a prohibited drug to themselves or another person. ‘Administer’ in this context means introducing the prohibited drug into any part of the body of a person. Therefore, it is the act of introducing or ingesting the prohibited drug into any part of the body of a person which is the actual illegal act.
In contrast, being under the influence of a prohibited drug, by itself, is not necessarily an illegal act where no other offence is being committed at the same time. For example, it is not an offence for a person to be under the influence of cannabis or any other prohibited drug where that person is not committing any other offence, just as it is not an offence for a person to be under the influence of alcohol where they are not committing any other offence. It would be an offence however if a person was to be under the influence of a prohibited drug and they were also operating a vehicle, or is being drunk and disorderly as defined in the Law Enforcement (Powers and Responsibilities Act) 2002.
Being charged with a drug offence requires expert analysis and consideration to ensure an accused person is properly defended and the legal process is rightly carried out.
If you have been charged with a drug offence, it is crucial that you seek urgent legal advice. Do you need representation & Parramatta Local Court? Our Parramatta Drug Lawyers can provide you with specialist defence . Contact George Sten & Co Criminal Lawyers we are here for you 24/7 and can be contacted around the clock on 0412 423 569. During business hours, call us on (02) 9261 8640 or email at firstname.lastname@example.org