Offences Involving Ice (NSW)
This section includes maximum penalties and sentencing statistics for offences involving ice. It will also cover the likely penalties for the more common first drug offences.
Ice is a crystal form of the drug methylamphetamine. Methylamphetamine comes in three forms – Ice, base, and speed. Ice is the most pure form. Other popular street terms for ice (or methylamphetamine) are: crystal, base, glass, shabu, quartz, shardz, crank and crystal meth.
Self-Administration of Ice
Ice 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 charge is a fine of 20 penalty units and/or 2 years imprisonment.
Jurisdiction
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 you of a use of prohibited drugs charge, the police must prove each of the following matters beyond a reasonable doubt:
- The substance is Ice; and
- You administered Ice to yourself; or
- You attempted to administer Ice to yourself
Self-administering includes any means of introducing Ice into your body.
Administration of Ice to Others
According to section 13 of the Drug Misuse and Trafficking Act, it is an offence to administer or attempt to administer Ice to another person. The maximum penalty for this is a fine of 20 penalty units and/or two years imprisonment.
Jurisdiction
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 you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- The substance is Ice; and
- You administered the Ice to another person; or
- You attempted to administer the Ice to another person
Administering / attempt to administer includes any means of introducing Ice into a person’s body.
Possession of Ice
Under section 10 of the Drug Misuse and Trafficking Act, it is an offence to possess a prohibited drug. The maximum penalty for this charge is a fine of 20 penalty units and/or 2 years imprisonment.
Jurisdiction
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 you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- You had Ice in your possession, and
- You knew it was in your possession, or knew of its likely existence and nature, or you believed that it was Ice
What Is “Deemed Supply”?
If you are in possession of a traffickable quantity of Ice, it is presumed that you possess the Ice for the purposes of supply, unless you can prove that it was only for personal use.
Supply of Ice
Ice is a prohibited drug. The maximum penalty for the charge of supply of prohibited drug (Section 25 of the Drug Misuse and Trafficking Act) is a fine of 2000 penalty units and/or 15 years imprisonment.
According to section 25 of the Drug Misuse and Trafficking Act, it is an offence to supply a prohibited drug.
Which Court Will Hear Your Matter?
Where the amount of Ice exceeds the commerical quantity (0.25kgs), this matter is strictly indictable which means that it can only be finalised in the District Court.
Where the amount of Ice does not exceed the commercial quantity but is more than the small quantity (3 grams), this matter is a Table 1 offence which means that either the DPP 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 Ice does not exceed the small quantity (1 gram), 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.
What are The Relevant Drug Quantities?
The amount of Ice you supplied will also affect the penalty you receive. The quantities for Ice have been classified as follows:
| Small quantity | Traffickable quantity | Indictable quantity | Commercial quantity | Large Commercial quantity |
| 1g | 3g | 5g | 0.25kg | 0.5kg |
What are the Elements the Prosecution Must Prove?
To convict you of this charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- You supplied Ice, or
- You knowingly took part in the supply of Ice.
Supply Ice on an Ongoing Basis:
Ice is a prohibited drug.
According to 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 supplying Ice on an ongoing basis charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- You supplied Ice to another person or persons.
- Ice was supplied on three or more separate occasions during any period of 30 consecutive days.
- The supply of Ice was for financial or material reward.
Manufacture and Production of Ice
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.
Jurisdiction
Where the amount of Ice 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 Ice 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 Ice 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.
What Are The Relevant Drug Quantities?
The amount of Ice you supplied will also affect the penalty you receive. The quantities for Ice have been classified as follows:
| Small quantity | Traffickable quantity | Indictable quantity | Commercial quantity | Large Commercial quantity |
| 1g | 3g | 5g | 0.25kg | 0.5kg |
What Are The Elements The Prosecution Must Prove?
To convict you of a manufacture or production of Ice charge, the prosecution must prove each of the following matters beyond a reasonable doubt:
- The substance is Ice; and
- You manufactured or produced the Ice; or
- You knowingly took part in the manufacture or production of the Ice.
You will have taken part in the manufacture or production of Ice, if you take or participate in any step of the process, or if you cause any step to be taken in the process.
“Knowingly take part” includes :
- Taking, participating in or causing any step in the process of manufacture, production or supply; or
- Arranging finance for that step or providing the premises in which that step takes place.
To establish that you knowingly took part, the prosecution must prove:
- You had actual knowledge, or
- You had a belief, or
- You were aware of the likelihood that you were dealing with Ice
IMPORTING AND EXPORTING ICE:
Ice is a border controlled drug.
According to 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 Ice 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 Ice is considered a marketable quantity and commercial quantity.
| Marketable Quantity | Commercial Quantity |
| 250g | 0.75kg |
The Dangers of Completing A Written Notice Of Pleading:
The form seems straight forward and can seem to be an attractive alternative to attending court in person. However using them can be a very bad idea.
It is important to be wary of Police that convey to you that they you can simply complete the written notice instead of attending court. While technically true, it is not advisable. Not only does it reflect poorly on you but you can be convicted and sentenced in your absence with little chance to advocate your case. Read More >
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.