Gosford Drug Lawyers – Gosford Local Court Representation. Are you facing drug charges call our Gosford Drug Defence Lawyers, Central Coast and Gosford 02 9261 8640. 24 hour legal hotline available.
If you have been charged with a drug offence in the Central Coast or Gosford Area, George Sten & Co Criminal Lawyers can defend you at Gosford Local Court. We can ensure a preferable outcome for your matter. Being charged with a drug offence is very serious and can have drastic consequences on your life. If you are found guilty and convicted for a drug offence, many employers will not want to employ you. With a criminal record there are also certain parts of the world where you will not be able to travel.
In New South Wales and all Australian jurisdictions, there are a range of substances which are illegal to possess, use or supply to another person. Examples are cannabis, ecstasy, cocaine, LSD, speed and ice.
The main legislation in NSW which deals with drug offences is the Drug Misuse and Trafficking Act 1985 NSW. Under this Act, it is an offence to:
- Use prohibited drugs
- Possess prohibited drugs
- Supply and traffic prohibited drugs
- Cultivate and possess prohibited plants
- Manufacture prohibited drugs
- Aid and abet and take part in offences involving prohibited drugs or plants
- Possess implements used for drug use
Possession of a prohibited drug
Possession of a prohibited drug is illegal under Section 10 of the Drugs Misuse and Trafficking Act. If a person is charged with possession of a prohibited drug, the prosecution must prove in court that an illegal drug was in the person’s custody or control and the person knew that the drug was in their custody or control. The police must actually prove that the drugs were in the person’s control. Simply because the drugs are in a person’s house or car will not mean the accused is guilty of possession.
Having custody of a drug means that the drugs are in a person’s immediate physical possession. An example would be having drugs in a back-pack or the pockets of clothing being worn. Control means the person has an alleged right to do with the drugs what they want, such as keep, consume or give the drugs to someone else.
Drug offences on the Central Coast of NSW
From July 2017 to June 2018 there were 45 incidents recorded of possession and/or use of cocaine on the Central Coast. In the same time period there were 592 incidents of possession and/or use of cannabis. There were also 280 incidents of possession and/or use of amphetamines. See NSW Bureau of Crime Statistics and Research.
In NSW approximately 100 people are sent to prison each year for possession of a prohibited drug. For supplying, cultivating or manufacturing illegal drugs, approximately another 700 people will be sent to prison in NSW each year. In total approximately 800 people every year in NSW will be sent to prison for drug related offences. See NSW Bureau of Crime Statistics and Research
Penalties which a court can impose for drug related offences include:
Sentences for drug convictions
Possession is the most common charge for a drug offence. If you are found guilty of possession of a small amount of an illegal drug, common penalties include a fine and it is possible to argue for no conviction to be recorded under section 10 of the Crimes (Sentencing and Procedure) Act.
If a person is found guilty of a small scale supply offence in the Local Court, the penalties the court will commonly impose include a prison sentence, a suspended prison sentence or a good behaviour bond.
If a person if found guilty of supply of a larger amount of an illegal drug, there is a high chance of being sentenced to prison.
If a person is found guilty of cultivation of cannabis and the matter is dealt with summarily in the Local Court (this will be where it is a smaller amount of plants involved), the most likely penalties are good behaviour bonds or fines. Where there are a larger amount of plants involved, there is a high chance of the person being sent to prison or receiving a suspended prison sentence.
If you have been charged with a drug offence, it is essential to speak with one of our Gosford Drug Lawyers who can advise you on the prospects of your case and defend you properly. George Sten & Co Criminal Lawyers have decades of experience in defending persons charged with drug offences, from small scale possession offences to large scale supply offences.
George Sten & Co Criminal Lawyers have over 50 years of experience in defending persons charged with drug offences. For more information on drug charges or to speak with a criminal defence lawyer call George Sten & Co Criminal Lawyers. We are available 24 hours a day 7 days a week. We can be contacted on (02) 9261 8640 or 0412 423 569.