The maximum penalty for the charge of possess prohibited drug (Section 10 of the Drugs Misuse and Trafficking Act) is a fine of 20 penalty units and/or 2 years imprisonment.
In NSW, a court can impose any of the following penalties for a possess prohibited drug charge.
Section 10: Indecent Assault proven but dismissed
Good behaviour bond
Community service order (CSO)
Intensive correction order (previously periodic detention)
You'll find a brief description of each of these penalties at the bottom of this page.
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of possess prohibited drug, if heard in the Local Court is likely to be:
Ecstasy: A bond under section 10 of the Crimes (Sentencing Procedure) Act for a period of 12 months.
Cocaine: A bond under section 10 of the Crimes (Sentencing Procedure) Act.
Amphetamines: A fine of $400.
Heroin: A fine of $300.
Cannabis: A fine of $250.
If this matter is finalised in the District Court the likely penalty is:
Heroin: Imprisonment for a period of 2 years.
Cocaine: A good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act.
Ecstasy: A good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act.
Amphetamines: A good behaviour bond under section 9 of the Crimes(Sentencing Procedure) Act.
Cannabis: A fine of $200.
Which court will hear your Possess a prohibited drug charge in NSW:
This matter is a summary matter and can only be finalised in the Local Court.
What the police must prove:
To convict you of a possess prohibited drug charge, the police must prove each of the following matters beyond a reasonable doubt:
You had a prohibited drug in your possession.
They will also need to prove that you were the person who committed the possess prohibited drug offence.
Possible defences for Possess a prohibited drug
Possible defences to a Indecent Assault charge include but are not limited to:
Types of penalties:
Section 10 for a possess prohibited drug charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.
Fines for possess prohibited drug charge: When deciding the amount of a fine for a use of prohibited drugs charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.
Good behaviour bond for possess prohibited drug charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.
Community service order for possess prohibited drug charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.
Suspended sentence for possess prohibited drug charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond.Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.
Periodic detention for possess prohibited drug charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for possess prohibited drug charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.
Jail for a possess prohibited drug charge: This is the most serious penalty for the charge of possess prohibited drug charge and involves full time detention in a correctional facility.
For more information contact Armstrong Legal:
Level 4 127 York Street Sydney, NSW 2000 (Opposite the Queen Victoria Building) Phone: (02) 9261 4555 After Hours: 0404 55 88 33