Drug Offences

There are several categories of drug offences in NSW, including those related to possession, using, manufacturing and trafficking. The potential penalties depend on the type of drug, the quantity and the use, or intended use, of the drug. 

McGirr & Associates can advise you on offences such as:

  • possession of a prohibited drug

  • supply of a prohibited drug

  • use of a prohibited drug

  • cultivating a prohibited plant, such as cannabis

  • manufacturing a prohibited drug

  • possession of precursors for manufacture of a prohibited drug

While there is a risk of imprisonment, the Courts have alternatives available to assist offenders with addiction problems. These include:

  • The MERIT program (Magistrates Early Referral Into Treatment)

  • Adult Drug Court

  • Youth Drug & Alcohol Court

  • Cannabis Cautioning Scheme

  • Young Offenders Drug Diversion Programs

Possession of a prohibited drug

Of all the drug offences, this is the most common and most matters are dealt with in the Local Court. 

Despite what the police may allege, in order to prove possession, it is incumbent on them to establish not only physical possession but also mental knowledge that the person was aware that the substance was illegal. This extends to equipment used for administering an illegal drug. They must prove each of these elements beyond a reasonable doubt and there may be technical defences available in cases where the police conducted an improper or illegal search.

However, in simpler cases, it may be possible to enter a plea of guilty and obtain a section 10 dismissal for this charge, however this will depend on the facts and circumstances, as well as the criminal history of the defendant.

If you are charged with possession of a prohibited drug, it is vitally important to obtain proper legal advice from Paul FC McGirr on 0405 508 099. Your chances in court, whether pleading guilty or not guilty, are significantly increased if legally represented by an experienced criminal defence lawyer.

Supply prohibited drug - 'Deemed Supply'

In circumstances where you are arrested for possession of a 'traffickable quantity' of a drug, the legislation deems the drug to be possessed for the purposes of supplying it to others. The police do not need to prove that you intended to earn a profit from the supply.

Furthermore, assuming you accept that you were in possession of the drug but had no intention to supply, the onus of proof is reversed and it is incumbent on the defence to prove that the drug was for personal use. Often these facts can be settled before the matter proceeds to court, which is why you should contact McGirr & Associates as soon as possible for advice and next steps on 02 8039 7497.

Supply/importation of a (large) commercial quantity

Offences involving commercial quantities, or large commercial quantities, are far more serious and are often much more complex with police evidence ranging from listening devices and telephone intercepts to registered police informants and undercover operatives. Paul FC McGirr is highly experienced in running complex drug trials and it is imperative that you call 0405 508 099 to obtain advice, particularly in relation to trial strategy and bail applications (if appropriate).