This article was written by Tyson Brown - Senior Associate – Sydney
Tyson has a down to earth, straightforward approach to life and the law, one which is well received by all who meet him. Tyson has the ability to relate to all clients on a personal level, having spent many years prior to his legal career in customer service and hospitality. As a manager of some of Sydney’s best-known venues, Tyson...
Drug Lawyers Sydney
Armstrong Legal’s criminal law team are experienced drug lawyers who specialise in drug offences. Due to this expertise, we are able to answer any questions you have, whether you’ve been charged with an offence under the Drug Misuse and Trafficking Act 1985 (NSW), Poisons and Therapeutic Goods Act 1966 (NSW), the Criminal Code Act 1995 (Cth) or are being investigated. Our team has developed strategies that have led to excellent outcomes for our clients, sand can assist persons who have been charged with an offence, received a Court Attendance Notice, arrested and bailed or remanded in custody on drug charges.
Armstrong Legal’s Sydney drug lawyers have a comprehensive understanding of all of the relevant legislation, case law and evidentiary matters that can arise in a drug related matter. We also have extensive practical experience appearing in the law in the Local Court, District Court, Supreme Court, Children’s Court and appeal Courts. Whether you are facing trafficking or importation, cultivation, supply allegations, or a simple charge of possession, our Sydney drug lawyers are here to help.
Drug convictions can have very serious long term ramifications, including impacting your employment opportunities and ability to travel.
Criminal convictions can affect many areas of a person’s life. Our Sydney drug lawyers can help every step of the way, ensuring that our clients understand the principles and procedures that govern how the court will deal with their matter and the options available to them, so that they can make the best decisions on how to proceed. They are highly skilled at guiding clients through what is often the most difficult time in their lives.
Types Of Drug Offences
All drug offences are serious and should be taken as such. We have had great success for our clients, both those who have pleaded guilty and those who have contested charges, in all of the offence categories. We deal with the broad spectrum of drug offences including:
Drug possession
A person can be charged with a drug possession offence simply by knowingly having a prohibited drug under their control, even if they are not using the drug. Possessing a prohibited drug carries a maximum penalty of 20 penalty units and/or two years imprisonment.
Self-administering (using) prohibited drug
If a person smokes, injects or ingests drugs, they can be charged with Self-administering a prohibited drug. To be convicted of this offence the police must prove that the person took the prohibited drug. They may do this through admissions from the person, by getting a positive blood test result (in certain limited circumstances), or through other evidence. The maximum penalty is 20 penalty units and/or two years imprisonment.
Supplying prohibited drug
If a person gives or sells a prohibited drug to another person, they can be charged with supply. There does not need to be any financial gain for a charge of supply to be proven. Charges of supplying a drug can attract very severe penalties, particularly if the person the drug was supplied to was underage. The Court will consider the circumstances of the offence and the type and quantity of drug supplied when deciding on the appropriate sentence. The maximum penalty for this offence is up to 15 years imprisonment. Where a commercial or large commercial quantity of the drug is involved, the maximum penalties are higher.
Deemed supply of prohibited drug
A person can be charged with the deemed supply of a drug if they possess a quantity of a drug that is above the ‘trafficable quantity’ of that drug. In such a case, the legislation deems the person to be in possession of the drug for supply. . In some cases, a deemed supply charge can be defended by arguing that the drugs were in the persons possession for personal use or another reason other than aupply. In some cases, the charge can be negotiated to the less serious charge of possession.
Cultivation or Manufacturing prohibited drug
A person can be charged with an offence if the cultivate (grow) a prohibited drug (such as cannabis) or manufacture a prohibited drug. Cultivation or manufacturing a prohibited drug is a very serious offence in New South Wales, with the penalties ranging from a fine up to life imprisonment.
Importing prohibited drug
If you bring a prohibited drug into Australia you can be charged with a Commonwealth offence of importing a prohibited drug, even if it is a very small quantity. The maximum penalty for such an offence ranges from two years imprisonment to life imprisonment, depending on the precise charge and quantity involved.
How Our Drug Lawyers Can Help
When a person is facing criminal charges they will benefit from having an experienced drug lawyer on their side. Our Sydney drug lawyers can assist in gathering all relevant evidence and build a strong defence strategy or attempt to minimise any sentence. It may be possible to avoid a conviction for some drug-related matters. If it is a child who has been charged with offences, they may be eligible for a diversionary program that will allow them to stay out of the courts.
For advice or representation, give our Sydney drug lawyers a call on 1300 038 223 or send us an email.