Offences Involving Cocaine (NSW)
In New South Wales, there are various criminal offences relating to the use, supply and manufacture of cocaine. These offences are governed by the Drug Misuse and Trafficking Act. Offences involving cocaine can be very serious, attracting terms of imprisonment. However, courts can also impose a range of other penalties including Intensive Corrections Orders, fines and suspended sentences.
Popular street terms for cocaine are coke, blow, charlie, white dust and snow.
Self-administration of cocaine
Cocaine is a prohibited drug and under section 12 of the Drug Misuse and Trafficking Act, it is an offence to administer or attempt to administer a prohibited drug to yourself. The maximum penalty for this offence is a fine of 20 penalty units and/or two years imprisonment.
Which court will hear your matter?
This matter is a summary matter and will be dealt with in the Local Court.
What are the elements the prosecution must prove?
To convict a person of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- The substance is cocaine; and
- They administered cocaine to themself; or
- They attempted to administer cocaine to themself
Self-administering includes any means of introducing cocaine into your body.
Administration of cocaine to others
According to section 13 of the Drug Misuse and Trafficking Act, it is an offence to administer or attempt to administer cocaine to another person.
The maximum penalty for this charge is a fine of 20 penalty units and/or 2 years imprisonment.
Which court will hear your matter?
This matter is a summary matter and will be dealt with in the Local Court.
What are the elements the prosecution must prove?
To convict a person of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- The substance is cocaine; and
- The person administered the cocaine to another person; or
- They attempted to administer the cocaine to another person
Administering or attempting to administer cocaine includes using any means of introducing the drug into a person’s body.
Possession of cocaine
Under section 10 of the Drug Misuse and Trafficking Act, it is an offence to possess a prohibited drug. The maximum penalty for this offences is a fine of 20 penalty units and/or two years imprisonment.
Which court will hear your matter?
This matter is a summary matter and will be dealt with in the Local Court.
What are the elements the prosecution must prove?
To convict someone of this offence, the prosecution must prove each of the following matters beyond a reasonable doubt:
- They had cocaine in their possession, and
- They knew it was in their possession or knew of its likely existence and nature, or believed that it was cocaine
What is “deemed supply”?
If you are in possession of a trafficable quantity of cocaine, it is presumed that you possess the cocaine for the purposes of supply, unless you can prove that it was only for personal use.
Supply of cocaine
Under section 25 of the Drug Misuse and Trafficking Act, it is an offence to supply a prohibited drug.
Which court will hear the matter?
Where the amount of cocaine exceeds the commercial quantity, this matter is strictly indictable which means that it cannot be finalised in the Local Court.
Where the amount of cocaine does not exceed the commercial quantity, this matter is a Table 1 offence which means that either the DPP (Director of Public Prosecutions) or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the amount of cocaine does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Drug quantities
The amount of cocaine a person is found guilty of supplying will affect the penalty theu receive. The quantities for cocaine have been classified as follows:
| Traffickable quantity | Small quantity | Indictable quantity | Commercial quantity | Large Commercial quantity |
| 3.0g | 1.0g | 5.0g | 250.0g | 1.0kg |
Supply cocaine on an ongoing basis
Under section 25A of the Drug Misuse and Trafficking Act, it is an offence to supply a prohibited drug on an ongoing basis. The maximum penalty for this charge is a fine of 3,500 penalty units and/or 20 years imprisonment.
Which court will hear your matter?
This matter is strictly indictable which means that it cannot be finalised in the Local Court. Strictly indictable matters usually go to the District Court, except for offences that are extremely serious such as murder, which go to the Supreme Court.
What are the elements the prosecution must prove?
To convict you of a supply cocaine on an ongoing basis charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- You supplied cocaine to another person or persons.
- Cocaine was supplied on three or more separate occasions during any period of 30 consecutive days.
- The supply of cocaine was for financial or material reward.
Manufacture and production of cocaine
Under section 24 of the Drug Misuse and Trafficking Act, it is an offence to manufacture or produce a prohibited drug. The maximum penalty for this offence is a fine of 2000 penalty units and/or 10 years imprisonment.
Which court will hear your matter?
Where the amount of cocaine exceeds the indictable quantity, this matter is strictly indictable which means that it cannot be finalised in the Local Court. Strictly indictable matters usually go to the District Court, except for offences that are extremely serious such as murder, which go to the Supreme Court.
Where the amount of cocaine does not exceed the indictable quantity, this matter is a Table 1 offence which means that either the DPP (Director of Public Prosecutions) or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the amount of cocaine does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Drug quantities
The amount of cocaine you supplied will also affect the penalty you receive. The quantities for cocaine have been classified as follows:
| Traffickable quantity | Small quantity | Indictable quantity | Commercial quantity | Large Commercial quantity |
| 3.0g | 1.0g | 5.0g | 250.0g | 1.0kg |
What are the elements the prosecution must prove?
To convict a person of manufacturing or producing of cocaine charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- The substance is cocaine; and
- They manufactured or produced the cocaine; or
- They knowingly took part in the manufacture or production of the cocaine.
A person will be found to have taken part in the manufacture or production of cocaine, if they participates in any step of the process, or caused any step to be taken in the process. This includes arranging finance for that step or providing the premises in which that step takes place.
To establish that an accused knowingly took part, the prosecution must prove:
- They had actual knowledge, or
- They had a belief, or
- They were aware of the likelihood that they were dealing with cocaine
Importing and exporting cocaine
Under Division 307 of the Commonwealth Criminal Code Act, it is an offence to import or export border controlled drugs. The maximum penalty for importing or exporting cocaine depends on the quantity imported.
There are three different quantity ranges under the Criminal Code Act 1995. The table below shows the maximum penalty for each of the different quantities.
| Quantity | Maximum penalty |
| Importing or exporting a border controlled drug | 10 years imprisonment and/or 2000 penalty units |
| Importing or exporting marketable quantities of a border controlled drug | 25 years imprisonment and/or 5000 penalty units |
| Importing or exporting commercial quantities of a border controlled drug | Life imprisonment and/or $750,000 |
The following table shows what amount of cocaine is considered a marketable quantity and commercial quantity.
| Marketable quantity | Commercial quantity |
| 2.0 g | 2.0 kg |
Which court will hear the matter?
This matter is strictly indictable which means that it cannot be finalised in the Local Court. Strictly indictable matters usually go to the District Court, except for offences that are extremely serious such as murder, which go to the Supreme Court.
What must be proven?
To convict a person of importing or exporting cocaine, the police must prove each of the following matters beyond a reasonable doubt:
- The substance is cocaine; and
- They imported or exported it.
If the police are seeking to convict you of importing or exporting a marketable or commercial quantity of cocaine, they must also prove beyond a reasonable doubt that the quantity imported or exported is a marketable or commercial quantity.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.