Use of Prohibited Drugs Charge - Lawyer / Solicitor Article.

Section 12 of the Drug Misuse and Trafficking Act states:

(1) A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of an offence.

(2) Nothing in this section renders unlawful the administration or attempted administration by a person to himself or herself of a prohibited drug which has been lawfully prescribed for or supplied to the person.

Maximum Penalty - Use of Prohibited Drugs - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Self administer prohibited drug is a fine of 20 penalty units and/or 2 years imprisonment.

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused did administer to himself or herself.
2. A prohibited drug.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

The Drug Misuse and Trafficking Act provides a defence to the offence. Section 12(2) states:

12(2) Nothing in this section renders unlawful the administration or attempted administration by a person to himself or herself of a prohibited drug which has been lawfully prescribed for or supplied to the person.

Other possible defences to this offence include but are not limited to

1. Duress

This matter is a summary matter and can only be finalised in the Local Court.

Disclaimer


The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact criminallaw@armstronglegal.com.au 

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.

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