Drug Offences - Criminal Law Defences
Offences in relation to drugs are mostly governed in NSW by the Drug Misuse and Trafficking Act 1985 which prohibits the cultivation, manufacture, supply, possession and use of certain drugs.
The Criminal Code (Cth) also covers large importation and manufacture of drugs.
The law provides a what is known as a Schedule to identify what drugs are considered illegal and depending on the type and quantity of the drugs various maximum terms of imprisonment apply.
For the police to prove you were in possession of illicit drugs they must prove you have knowledge that the substance is an illicit prohibited drug.
- Possession at law means knowledge of the drug
- Possession at law means control of the drug
It is not enough for the police to prove that they found drugs in your car or home and charge you with possession, they must also prove you knew about them and you had control over them.
Supplying drugs is a far more serious offence, supply means at law
Supply is defined in section 3 to include;
- To sell
- To distribute
- To agree to supply
- To offer to supply
- To keep or have in possession for supply
- To send for supply
- To forward for supply
- To deliver for supply
- To receive for supply
- To authorise, direct, cause, suffer, permit or attempt any of
those things listed above
Deemed Supply means – that the quantity of the drug is such that it is deemed to be in possession for supply and not just personal use. The larger the quantity found over the small quantity a person is deemed to be in possession for the purpose of supply – Personal possession is a defence to supply but can also be charged as a separate offence.
The defences for drugs whether you are charged with possession or supply are
1. You were not aware that there were drugs present in your possession, ie: car, home etc
2. You did not have any intention of supplying the drugs [if charged with deemed supply you can also rely on possession for personal use]
3. You knew they were drugs, but you were under duress to hold the drugs for someone else.
Drug offences are serious, if you are charged with a Drug possession, supply, import or manufacture offence contact Houston Defence Lawyers. We are dedicated to protecting clients' rights and reputation. We bring years of experience and expertise to defend cases vigorously, aiming for positive outcomes such as charge withdrawal, downgrading, dismissal, or minimal penalties. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. Our first consultation is free.
Learn About Your Choices At Law When Charged With a Criminal Offence.
Ready to assist you with any criminal offence you may be facing.
Client’s Testimonials
We strive to be approachable and reachable and maintain communication with our clients. We value clients and works relentlessly to achieve excellent results.
Professional, knowledgeable & very understanding.
Sylvie Houston is professional, knowledgeable & very understanding. We can't thank you enough Sylvie for helping us achieve the best outcome. I would highly recommend Sylvie.
Satisfactory outcome seemed impossible!
Sylvie Houston was a beacon of hope to me when the likelihood of a satisfactory outcome seemed impossible. Her legal expertise is truly exceptional, she is not only highly knowledgeable but her attention to detail is beyond imagination, I couldn't have asked for a better lawyer.
Was amazing in the court today!
Silvie Houston was amazing in the court today. She helped me to appeal my licence suspension. Thank you so much Silvie Houston for your help.
Great Lawyers!
Many thanks to Sylvie Houston for your advice and hard work. I will recommend you to all. Great Lawyers!
Great Lawyers!
Sylvie Houston is a boss and knows her way around the courtroom I will be eternally greatful for getting me out of prison and back to my family as quick as possible I would highly recommend you to anyone thank you Sylvie.
Thorough in her work!
Sylvie guided me and helped me achieve an amazing result from a very complex situation.
If you require a legal representation and would like to learn about your choices at law, call us now.
Having a sound knowledge of government instruments, courts, and tribunals, we offer professional legal services and handle cases from inception to completion, ensuring the best possible outcome.
We are ready 24/7 to take your call!
