If police allege that you were in possession of a prohibited drug, the prosecutor must prove that:
What does possession mean?
At law you are in possession of something if it is in your custody, or under your physical control. A number of people can sometimes be in joint possession of the same item at the same time.
Which drugs are prohibited?
A list of all prohibited drugs is found in Schedule 1 of the Drug Misuse and Trafficking Act. Some of the most common prohibited drugs include MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What does ‘knew’ mean in terms of possess a prohibited drug?
To prove that you knew you were in possession of a prohibited drug, the prosecutor is required to prove that you either:
Police are not required to prove that you knew what type of prohibited drug you possessed.
This will depend on a number of factors, for example:
You may accept that you were in possession of a prohibited drug, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to amend the police facts.
Q. What will the court take into account when sentencing?
A. The court will take into account the amount (weight) of drug and the surrounding circumstances. For example, possession of 2 grams of a prohibited drug and being cooperative with police may be seen as less serious than being found in possession of a greater amount and being uncooperative with police.
The court will also take into account many other factors including your personal circumstances and criminal history.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is possible that the court may record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, your criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. What does it mean to have a conviction of possess prohibited drug recorded?
A. A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Q. Will I go to jail for an offence of possess prohibited drug?
A. It is unlikely that you will go to jail. The maximum penalty for possession is 2 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. What if I was just holding the drugs for a friend?
A. If you were only in temporary possession of a prohibited drug and you intended to return the drugs to their owner, you might have a defence available to you.
Q. Police searched my house and found drugs in the living room which were not mine. Could I be charged?
A. You might be charged with possess prohibited drug, however you might have a defence available to you. Police need to prove beyond reasonable doubt that you had exclusive physical control over the drug (i.e. that you were preventing other people from accessing it).
Q. Could I be charged with possess prohibited drug if I was carrying a friend’s bag which I did not know contained drugs?
You might be charged with possess prohibited drug, however you might have a defence available to you. Police need to prove beyond reasonable doubt that you knew the bag contained drugs.
If you have been charged with supply prohibited drugs, police must prove that:
You genuinely offered to supply a prohibited drug
What does “supply” mean?
The word ‘supply’ means to provide or make a prohibited drug available. This has various interpretations, however, the prosecutions must prove only one of the following:
Which drugs are prohibited? Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
The maximum penalty for supply a prohibited drug varies based on the type and quantity of drugs supplied. To find out what the maximum penalty is for the offence allegedly committed, you will need to know the quantity and type of drug alleged to have been supplied. Once you have this information, use table 1.2 to find out what the maximum penalty is.
Table 1.1
| DRUG | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Cannabis leaf | 30g | 300g | 1kg | 25kg | 100kg |
| GHB | 10g | 30g | 50g | 1kg | 4kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| LSD | 0.0008g | 0.003g | 0.005g | 0.5g | 2g |
| MDMA (ecstasy) | 0.25g | 0.75g | 1.25g | 125g | 500g |
Table 1.2
| DRUG | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (SI) | More than commercial quantity but less than or equal to large commercial quantity (SI) | Equal to or more than large commercial quantity (SI) |
| Cannabis
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other drugs
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (minimum 15 years imprisonment) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
This will depend on a number of factors, including whether you accept that you supplied, agreed to supply or offered to supply a prohibited drug.
You may accept that you supplied a prohibited drug, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as possession of prohibited drugs or deemed supply.
Alternatively, you may accept that you supplied a prohibited drug, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty for supply prohibited drug?
A. The maximum penalty for this offence varies based on the quantity and type of drug supplied (see table 1.2).
Q. Will I go to jail for supplying prohibited drugs?
A. It is possible that you will go to jail. The maximum penalty for supplying prohibited drugs varies based on the quantity and the substances supplied. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
Q. I have agreed to supply drugs, however, I never intended to perform the agreement. Can I be charged with supply
A. Yes, to be charged with supply, it is sufficient that you reached an agreement. The fact you did not intend or have the means of honouring that agreement is irrelevant.
Q. Is there an alternative charge?
A. An alternative charge to supply prohibited drug might be possess prohibited drug or deemed supply.
If you have been charged with knowingly take part in the supply of a prohibited drug, police must prove that:
At that time, you knew that the substance involved was most likely prohibited.
What does “knowingly take part in” mean?
This requires that at the time of assisting with the potential supply of the prohibited substance, you knew that there was a significant or real chance that the substance was a prohibited drug. You are not required to be present at the time of the transaction, rather, it includes any step taken in facilitating the process of sale, even if the transaction does not take place. It includes acts of preparation and the provision of financial assistance.
Which drugs are prohibited?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What does “supply” mean?
The word ‘supply’ means to provide or make a prohibited drug available. This has various interpretations, however, the prosecutions must prove only one of the following:
(i) actual supply – that is, physical transfer of the drug(ii) offer to supply – that is, the you made a genuine offer to supply the prohibited drug,(iii) agree to supply – that is, you reach an agreement to supply a person with a prohibited drug, OR(iv) cause to supply – that is, you pressured a potential supplier with the desire that the prohibited act will ensue.
The maximum penalty for supplying a prohibited drug varies based on the type and quantity of drugs supplied. To find out what the maximum penalty is for the offence allegedly committed, you will need to know the quantity and type of drug alleged to have been supplied. Once you have this information, use table 1.2 to find out what the maximum penalty is.
| TABLE 1.1 | |||||
| DRUG | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Cannabis leaf | 30g | 300g | 1kg | 25kg | 100kg |
| GHB | 10g | 30g | 50g | 1kg | 4kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| LSD | 0.0008g | 0.003g | 0.005g | 0.5g | 2g |
| MDMA (ecstasy) | 0.25g | 0.75g | 1.25g | 125g | 500g |
| TABLE 1.2 | |||||
| DRUG | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (SI) | More than commercial quantity but less than or equal to large commercial quantity (SI) | Equal to or more than large commercial quantity (SI) |
| Cannabis
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other drugs
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (minimum 15 years imprisonment) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
If you have been charged with deemed supply, police must prove that:
<H4>What does possession mean?</H4>
Generally, you are in possession of something if it is in your custody, or under your physical control. Several people can be jointly in possession of the same item.
<H4>Which drugs are prohibited?</H4>
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What does intention mean?
Police only need to prove that you intended to be in possession of the prohibited drug. They are not required to prove that you had the intention of supplying the drug. To prove that you intended to be in possession of a prohibited drug, Police must prove that you knew the drug was under your control.
What is the traffickable quantity?
The traffickable quantity varies based on the type of drug. Please see Table 1.1.
| TABLE 1.1 | |||||
| DRUG | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Cannabis leaf | 30g | 300g | 1kg | 25kg | 100kg |
| GHB | 10g | 30g | 50g | 1kg | 4kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| LSD | 0.0008g | 0.003g | 0.005g | 0.5g | 2g |
| MDMA (ecstasy) | 0.25g | 0.75g | 1.25g | 125g | 500g |
| TABLE 1.2 | |||||
| DRUG | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (SI) | More than commercial quantity but less than or equal to large commercial quantity (SI) | Equal to or more than large commercial quantity (SI) |
| Cannabis
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other drugs
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (minimum 15 years imprisonment) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
SUPPLY PROHIBITED DRUG ONGOING BASIS
If you have been charged with supply prohibited drugs on an ongoing basis, police must prove that:
What does supply mean?
For this element of the offence to be satisfied, Police must prove actual supply. That is, you physically transferred the prohibited substance.
What drugs are prohibited?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, GHB and ice. For the purposes of this offence, cannabis is an exception.
What constitutes a “benefit”?
A benefit is some form of financial or material reward.
This will depend on a number of factors, including whether you accept that you had supplied prohibited drugs on an ongoing basis, or whether you obtained a benefit.
You may accept that you had supplied prohibited drugs on an ongoing basis, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such supply prohibited drugs or knowingly take-part in the supply of prohibited drugs.
Alternatively, you may accept that you had supplied prohibited drugs on an ongoing basis, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q. What is the maximum penalty for supplying a prohibited drug on an ongoing basis?
A. Section 25A(1) provides a maximum penalty of 20 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $358,000).
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
Q. Will I go to jail for supplying prohibited drugs on an ongoing basis?
A. It is likely that you will go to jail. The maximum penalty for supply prohibited drugs on an ongoing basis is 20 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Q. I supplied ecstasy on two occasions and ice on the third occasion within 30 days, can I be charged with this offence?
A. Yes, police are only required to prove that you supplied a prohibited drug on three separate occasions within a 30-day period. The type of drug is irrelevant unless it is cannabis.
Q. I supplied cannabis on three separate occasions within 30-days, can I be charged with this offence?
A. No, cannabis is an exception.
Q. Is it required that I supply to the same person on all three occasions?
A. No, you can still be charged with this offence despite supplying drugs on three separate occasions to three separate individuals.
Q. Is there an alternative charge?
A. An alternative charge to supply prohibited drugs on an ongoing basis might be supply a prohibited drug and/or knowingly taking part in the supply of prohibited drug.
MANUFACTURE OF A PROHIBITED DRUG
Serious Indictable offences must be finalised in the District Court. See Tables 1.1 and 1.2 to check which category the offence you have been charged with falls into.
If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.
If you have been charged with manufacturing prohibited drugs, police must prove that:
What does manufacture mean?
Manufacturing refers to the process of extracting or refining the drug.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What does intention mean?
To prove that you intended to manufacture a prohibited drug, police must prove that you knew what you were extracting or refining was a prohibited drug. Alternatively they many prove intention through proving that you were aware the substances being manufactured had a significant or real chance of being a prohibited drug.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
| TABLE 1.1 | |||||
| DRUG | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Cannabis leaf | 30g | 300g | 1kg | 25kg | 100kg |
| GHB | 10g | 30g | 50g | 1kg | 4kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| LSD | 0.0008g | 0.003g | 0.005g | 0.5g | 2g |
| MDMA (ecstasy) | 0.25g | 0.75g | 1.25g | 125g | 500g |
| TABLE 1.2 | |||||
| DRUG | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (SI) | More than commercial quantity but less than or equal to large commercial quantity (SI) | Equal to or more than large commercial quantity (SI) |
| Cannabis
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other drugs
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (minimum 15 years imprisonment) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with knowingly taking part in the manufacture of prohibited drugs, police must prove that:
What does “knowingly take part in” mean?
This requires that at the time of assisting with the manufacture of a prohibited drug, you:
What does manufacture mean?
It is the process of extracting or refining the drug. This includes acts of preparation for the manufacture of the drug as well as providing financial assistance.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
This will depend on a number of factors, including whether you accept that you had knowingly taken part in the manufacture of a prohibited drug or whether you knowingly provided equipment or financial assistance to facilitate the manufacture of a prohibited drug.
You may accept that you knowingly took park in the manufacture of a prohibited drug, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as possession of drug manufacture apparatus or possession of prohibited drug precursors.
Alternatively, you may accept that you knowingly took part in the manufacture of a prohibited drug, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. The maximum penalty for this offence varies based on the quantity and type of drug manufactured (see table 1.2).
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
Q. Will I go to jail for knowingly taking part in the manufacture of a prohibited drug?
A. It is likely that you will go to jail. The maximum penalty for knowingly taking part in the manufacture of prohibited drugs varies based on the quantity and the substance, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Q. What is considered as assisting in the process of manufacturing of a prohibited drug?
A. This covers a wide range of actions. It includes financial support and acts of preparation (e.g. preparing the equipment, cleaning the equipment and providing the space for the manufacturing process).
Q. Is there an alternative charge?
A. An alternative charge might be, possession of precursors, possession of drug manufacture apparatus, possession of prohibited drug precursors, and/or possess prohibited drug.
| TABLE 1.1 | |||||
| DRUG | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Cannabis leaf | 30g | 300g | 1kg | 25kg | 100kg |
| GHB | 10g | 30g | 50g | 1kg | 4kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| LSD | 0.0008g | 0.003g | 0.005g | 0.5g | 2g |
| MDMA (ecstasy) | 0.25g | 0.75g | 1.25g | 125g | 500g |
| TABLE 1.2 | |||||
| DRUG | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (SI) | More than commercial quantity but less than or equal to large commercial quantity (SI) | Equal to or more than large commercial quantity (SI) |
| Cannabis
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other drugs
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (minimum 15 years imprisonment) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with producing a prohibited drug, police must prove that:
What does produce mean?
To produce something means to create a new thing. Therefore, to produce a drug would require you make or ‘cook’ it using other substances.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What does intention mean?
To prove that you intended to produce a prohibited drug, police must prove that:
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
This will depend on a number of factors, including whether you accept that you were producing a prohibited drug and whether you intended to produce a prohibited drug.
You may accept that you were producing a prohibited drug, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as possession of precursors or possession of prohibited drug precursors.
Alternatively, you may accept that you were producing a prohibited drug, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. The maximum penalty for this offence varies based on the quantity and type of drug produced (see table 1.2).
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
Q. Will I go to jail for producing prohibited drugs?
A. It is likely that you will go to jail. The maximum penalty for produce prohibited drugs varies based on the substance being produced and the quantity, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Is there an alternative charge?
A. An alternative charge to produce prohibited drug might be, possession of precursors, possession of prohibited drug precursors and/or knowingly take part in the production of a prohibited drug.
| TABLE 1.1 | |||||
| DRUG | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Cannabis leaf | 30g | 300g | 1kg | 25kg | 100kg |
| GHB | 10g | 30g | 50g | 1kg | 4kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| LSD | 0.0008g | 0.003g | 0.005g | 0.5g | 2g |
| MDMA (ecstasy) | 0.25g | 0.75g | 1.25g | 125g | 500g |
| TABLE 1.2 | |||||
| DRUG | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (SI) | More than commercial quantity but less than or equal to large commercial quantity (SI) | Equal to or more than large commercial quantity (SI) |
| Cannabis
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other drugs
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (minimum 15 years imprisonment) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with knowingly taking part in the production of a prohibited drug, police must prove that:
What does “knowingly take part in” mean?
This requires that at the time of assisting with the production of a prohibited drug, you either:
What does produce mean?
To produce something means to create a new thing. Therefore, to produce a drug, you would have made it using other substances.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
This will depend on a number of factors, including whether you accept that you were knowingly taking part in the production of prohibited drugs.
You may accept that you knowingly took part in the production of a prohibited drug, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as possession of precursors or possession of prohibited drug precursors.
Alternatively, you may accept that you knowingly took part in the production of a prohibited drug, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty for knowingly taking part in production of a prohibited drug?
A. The maximum penalty for this offence varies based on the quantity and type of drug produced (see table 1.2).
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
Q. Will I go to jail for knowingly taking part in the production of a prohibited drug?
A. It is likely that you will go to jail. The maximum penalty for producing prohibited drugs varies based on the substance being produced and the quantity, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Q. What is considered as assisting in the production of a prohibited drug?
A. This covers a wide range of actions. It includes providing financial support and engaging in acts of preparation such as preparing the equipment and/or ingredients.
Q. Is there an alternative charge to knowingly take part in the production of a prohibited drug?
A. An alternative charge to knowingly take part in the production of a prohibited drug might be, possession of precursors and/or possession of prohibited drug precursors.
| TABLE 1.1 | |||||
| DRUG | Small Quantity | Traffickable Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Amphetamine | 1g | 3g | 5g | 250g | 1kg |
| Cannabis leaf | 30g | 300g | 1kg | 25kg | 100kg |
| GHB | 10g | 30g | 50g | 1kg | 4kg |
| Cocaine | 1g | 3g | 5g | 250g | 1kg |
| LSD | 0.0008g | 0.003g | 0.005g | 0.5g | 2g |
| MDMA (ecstasy) | 0.25g | 0.75g | 1.25g | 125g | 500g |
| TABLE 1.2 | |||||
| DRUG | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (SI) | More than commercial quantity but less than or equal to large commercial quantity (SI) | Equal to or more than large commercial quantity (SI) |
| Cannabis
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other drugs
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (minimum 15 years imprisonment) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with cultivate prohibited plant, police must prove that:
What does cultivate mean?
Cultivation includes:
What is a prohibited plant?
Some of the most common prohibited plants include: cannabis plants, Indian hemp plants, coca plants and opium poppy plants.
What does intention mean?
To prove intention, Police must prove that you knew the plant you were cultivating was prohibited.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
This will depend on a number of factors, including whether you accept that you cultivated a prohibited plant and whether you intended to cultivate a prohibited plant.
Alternatively, you may accept that you cultivated a prohibited plant, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. The maximum penalty for this offence varies based on the quantity and type of plant cultivated (see table 1.4).
| TABLE 1.3 | ||||
| PLANT | Small Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Cannabis plant | 5 | 50 | 250 | 1,000 |
| Prohibited plant (other than cannabis) | 5 |
50 |
250 |
1,000 |
Q. Will I go to jail for cultivating a prohibited plant?
A. It is possible that you will go to jail. The maximum penalty for cultivation of a prohibited plant varies based on the quantity and the type of plant cultivated. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
The maximum penalty for cultivate prohibited plant varies based on the type and quantity of prohibited plants cultivated. To find out what the maximum penalty is for the offence allegedly committed, you will need to know the quantity and type of plant alleged to have been cultivated. Once you have this information, use table 1.4 to find out what the maximum penalty is.
| TABLE 1.4 | |||||
| PLANT | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (Cannabis – T1 Other – I) | More than commercial quantity but less than or equal to large commercial quantity (I) | Equal to or more than large commercial quantity (I) |
| Cannabis plant
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other prohibited plants
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with knowingly taking part in the cultivation of a prohibited plant, police must prove that:
What does “knowingly take part in” mean?
To knowingly take part in an act requires that at the time of assisting with the cultivation of a prohibited plant, you:
What does cultivate mean?
Cultivation includes:
What is a prohibited plant?
Some of the most common prohibited plants include; cannabis plants, Indian hemp plants, coca plants and opium poppy plants.
How can the police prove that I knew the plant or seed was prohibited?
All police are required to prove is that a reasonable person, in your circumstances would have been aware of the real or significant likelihood that you were involved in the cultivation of an illegal plant.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
This will depend on a number of factors, including whether you accept that you knowingly took part in the cultivation of a prohibited plant.
Alternatively, you may accept that you knowingly took part in the cultivation of a prohibited plant, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. The maximum penalty for this offence varies based on the quantity and type of plant cultivated (see table 1.4).
Q. Will I go to jail for knowingly taking part in the cultivation of a prohibited plant?
A. It is possible that you will go to jail. The maximum penalty for knowingly taking part in the cultivation of a prohibited plant varies based on the quantity and the type of plant cultivated. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
| TABLE 1.3 | ||||
| PLANT | Small Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Cannabis plant | 5 | 50 | 250 | 1,000 |
| Prohibited plant (other than cannabis) | 5 |
50 |
250 |
1,000 |
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
The maximum penalty for knowingly taking part in cultivating a prohibited plant varies based on the type and quantity of prohibited plants cultivated. To find out what the maximum penalty is for the offence allegedly committed, you will need to know the quantity and type of plant alleged to have been cultivated. Once you have this information, use table 1.4 to find out what the maximum penalty is.
| TABLE 1.4 | |||||
| PLANT | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (Cannabis – T1 Other – I) | More than commercial quantity but less than or equal to large commercial quantity (I) | Equal to or more than large commercial quantity (I) |
| Cannabis plant
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other prohibited plants
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with supply prohibited plant, police must prove that:
What does “supply” mean?
The word ‘supply’ means to provide or make a prohibited drug available. This has various interpretations, however, the prosecutions must prove only one of the following:
What is a prohibited plant?
Some of the most common prohibited plants include; cannabis plants, Indian hemp plants, coca plants and opium poppy plants.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
This will depend on a number of factors, including whether you accept that you supplied, agreed to supply or offered to supply a prohibited plant.
Alternatively, you may accept that you supplied a prohibited plant, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. The maximum penalty for this offence varies based on the quantity and type of plant supplied (see table 1.4).
Q. Will I go to jail for supplying prohibited plant?
A. It is likely that you will go to jail. The maximum penalty for supplying prohibited plants varies based on the quantity and type of plant supplied. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
If I am convicted, will I have a criminal record?
Yes, if you are convicted of an offence, it will appear on your criminal record.
I have agreed to supply, however, I never intended to perform the agreement. Can I be charged with supply?
Yes, to be charged with supply, it is sufficient that you reached an agreement. The fact you did not intend or have the means of honouring that agreement is irrelevant.
| TABLE 1.3 | ||||
| PLANT | Small Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Cannabis plant | 5 | 50 | 250 | 1,000 |
| Prohibited plant (other than cannabis) | 5 |
50 |
250 |
1,000 |
The maximum penalty for supply prohibited plant varies based on the type and quantity of prohibited plants cultivated. To find out what the maximum penalty is for the offence allegedly committed, you will need to know the quantity and type of plant alleged to have been cultivated. Once you have this information, use table 1.4 to find out what the maximum penalty is.
| TABLE 1.4 | |||||
| PLANT | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (Cannabis – T1 Other – I) | More than commercial quantity but less than or equal to large commercial quantity (I) | Equal to or more than large commercial quantity (I) |
| Cannabis plant
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other prohibited plants
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with knowingly taking part in the supply of a prohibited plan, police must prove that:
What does “knowingly take part in” mean?
This requires that at the time of assisting with the supply of the plant, you knew that there was a significant or real chance that the plant was one which is prohibited. You are not required to be present at the time of the transaction, rather it includes any step taken in assisting the process of sale, even if the transaction does not take place. It includes acts of preparation and the provision of financial assistance.
What does “supply” mean?
The word ‘supply’ means to provide or make a prohibited plant available. This has various interpretations, however, the prosecutions must prove only one of the following:
What is a prohibited plant?
Some of the most common prohibited plants include; cannabis plants, Indian hemp plants, coca plants and opium poppy plants.
What is a standard non-parole period?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period which should be imposed for an offence which is in the middle of the range of seriousness.
The more serious an offence is, the more likely it is that the standard non-parole period will be imposed.
This will depend on a number of factors, including whether you accept that you knowingly took part in the supply of a prohibited plant.
You may accept that you knowingly took part in the supply of a prohibited plant, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty for knowingly taking part in supplying a prohibited drug?
The maximum penalty for this offence varies based on the quantity and type of plant supplied (see table 1.4).
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
If I am convicted, will I have a criminal record?
Yes, if you are convicted of an offence, it will appear on your criminal record.
| TABLE 1.3 | ||||
| PLANT | Small Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Cannabis plant | 5 | 50 | 250 | 1,000 |
| Prohibited plant (other than cannabis) | 5 |
50 |
250 |
1,000 |
Will I go to jail for knowingly taking part in the supply of a prohibited plant?
It is possible that you will go to jail. The maximum penalty for knowingly taking part in the supply of prohibited plant varies based on the type of plant and the quantity supplied. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
The maximum penalty for knowingly taking part in supplying a prohibited plant varies based on the type and quantity of prohibited plants cultivated. To find out what the maximum penalty is for the offence allegedly committed, you will need to know the quantity and type of plant alleged to have been cultivated. Once you have this information, use table 1.4 to find out what the maximum penalty is.
| TABLE 1.4 | |||||
| PLANT | Equal to or less than small quantity (T2) | More than small quantity but less than or equal to indictable quantity (T1) | More than indictable quantity but less than or equal to commercial quantity (Cannabis – T1 Other – I) | More than commercial quantity but less than or equal to large commercial quantity (I) | Equal to or more than large commercial quantity (I) |
| Cannabis plant
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500) – DMTA s 30(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(h) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) – DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 10 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(h) |
District Court:
15 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(b) |
District Court:
20 years imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(b) |
| All other prohibited plants
Maximum penalty: |
Local Court:
2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500)– DMTA s 30(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
Local Court:
2 years imprisonment and/or 100 penalty units (i.e. a fine of up to $110,000) DMTA s 32(3) District Court: 15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) DMTA s 32(g) |
District Court:
15 years imprisonment and/or 2,000 penalty units (i.e. a fine of up to $220,000) – DMTA s 32(g) |
District Court:
20 years imprisonment and/or 3,500 penalty units (i.e. a fine of up to $385,000) DMTA s 33(2)(a) |
District Court:
Life imprisonment (10 years Standard Non-parole Period) and/or 5,000 penalty units (i.e. a fine of up to $550,000) DMTA s 33(3)(a) |
If you have been charged with possession of equipment for administration of a prohibited drug, police must prove that:
What is possession?
Generally, you are in possession of an object if it is in your custody and you know that the object is under your exclusive control.
What type of equipment falls within this category?
Some of the more common equipment that fall within this category include, waterpipes (bongs) and snuff pipes. However, it does not include hypodermic syringes.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
This will depend on a number of factors, including whether you accept that you are in possession of equipment used for the administration of prohibited drugs.
You may accept that you were in possession of equipment for administration of prohibited drugs, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. Will I go to jail for possession of equipment used for the administration of a prohibited drug?
A. It is unlikely that you will go to jail. The maximum penalty for possessing equipment used for the administration of a prohibited drug is 2 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is possible that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with self-administration of a prohibited, police must prove that:
What does administer mean?
To administer a prohibited drug means to cause a prohibited drug to enter the body of a person (including your body). This can be done through ingestion, injection and/or inhalation.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
How can police prove I knew that the drug was not lawfully prescribed?
This is an objective test. That is, police are only required to prove that a reasonable person, in your circumstances would have known or been aware of the real and significant chance of the drug not being lawfully prescribed. In these circumstances, it will be enough to prove that you did not have a valid prescription which prescribes the drug.
This will depend on a number of factors, including whether you accept that you self-administered a prohibited drug into your system.
You may accept that you self-administered a prohibited drug, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. Will I go to jail for self-administration of a prohibited drug?
A. It is unlikely that you will go to jail. The maximum penalty for self-administration of a prohibited drug is 2 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is possible that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with administering a prohibited drug to others, police must prove that:
What does administer mean?
In this context, to administer means to cause the prohibited drug to enter into the body of another. This can be done through ingestion, injection and/or inhalation.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
How can the prosecutor prove I knew that the drug was not lawfully prescribed?
This is an objective test. That is, police are only required to prove that a reasonable person, in your circumstances would have known or been aware of the real and significant chance of the drug not being lawfully prescribed.
This will depend on a number of factors, including whether you accept that you administered a prohibited drug into the system of another person and whether knew the drug was not lawfully prescribed.
You may accept that you administered a prohibited drug to others, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Will I go to jail for administering a prohibited drug to others?
It is unlikely that you will go to jail. The maximum penalty for administering a prohibited drug to others is 2 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
If I plead guilty or am found guilty, will a conviction be recorded?
It is possible that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
If I am convicted, will I have a criminal record?
Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with permitting another to administer a prohibited drug, police must prove that:
What does administer mean?
To administer a prohibited drug means to cause a prohibited drug to enter the body of a person (including your body). This can be done through ingestion, injection and/or inhalation.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
How can police prove I knew that the drug was not lawfully prescribed?
This is an objective test. That is, police are only required to prove that a reasonable person, in your circumstances would have known or been aware of the real and significant chance of the drug not being lawfully prescribed. In these circumstances, it will be enough to prove that you did not have a valid prescription which prescribes the drug.
This will depend on a number of factors, including whether you accept that you permitted another to administer a prohibited drug into your system.
You may accept that you permitted another person to administer a prohibited drug into your body, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. Will I go to jail for permitting another person to administer prohibited drugs into my body?
A. It is unlikely that you will go to jail. The maximum penalty for permitting another to administer a prohibited drug is 2 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is possible that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with forging prescriptions, police must prove that:
What does forge mean?
To forge a prescription means to draft a prescription while dishonestly claiming that it was made by an authorised person.
What does fraudulently alter mean?
To fraudulently alter means you have changed what was a valid prescription while dishonestly claiming that it is original.
What is a prescription?
A prescription is a medical document which allows you to lawfully obtain drugs. They are issued by medical professionals.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
This will depend on a number of factors, including whether you accept that you forged a prescription or whether you frequently altered a prescription.
You may accept that you forged a prescription, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Will I go to jail for forging a prescription?
It is possible that you will go to jail. The maximum penalty for forging a prescription is 2 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
If I am convicted, will I have a criminal record?
Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with obtaining prescription by false representation, police must prove that:
What does ‘knowingly by false representations’ mean?
‘Knowingly by false representation’ means that you made an inaccurate representation which you knew was untrue. That false representation was made to achieve a certain outcome, and in these circumstances that outcome is to obtain a prescription prescribing a prohibited drug.
What is a prescription?
A prescription is a medical document which allows you to lawfully obtain drugs. They are issued by medical professionals.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
This will depend on a number of factors, including whether you accept that you obtained a prescription by false representation and whether you had knowingly made the false representation.
You may accept that you obtained a prescription by false representation, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. Will I go to jail for obtaining a prescription by false representation?
A. It is possible that you will go to jail. The maximum penalty for obtaining a prescription by false representation is 2 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with possession of a prohibited drug precursor, police must prove that:
What does possession mean?
Generally, you are in possession of something if it is in your custody and you had knowledge of it being under your exclusive control.
What is a precursor?
Some of the more common precursors are piperidinic acid, phosphorous acid, heliotopine, phosphorus (red or white), and pseudoephedrine.
What does production mean?
Production refers to the process of creating the drug.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
This will depend on a number of factors, including whether you accept that you were in possession of a precursor and whether you intended to use that precursor to produce a prohibited drug.
You may accept that you were in possession of a precursor, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. Will I go to jail for possession of a precursor?
A. It is likely that you will go to jail. The maximum penalty for possession of precursors is 10 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with possession of a prohibited drug precursor, police must prove that:
What does possession mean?
Generally, you are in possession of something if it is in your custody and you had knowledge of it being under your exclusive control.
What is a prohibited drug precursor?
Some of the more common precursors include ethanoic acid, piperidinic acid, heliotopine, phosphorus (red or white) and phosphonic acid.
What is the prescribed amount?
The prescribed amount varies based on the type of drug precursor. The prescribed amount for the more common prohibited drug precursors are listed in the table below.
| SUBSTANCE: | QUANTITY: |
| Ethanoic Acid | 1.0L |
| Piperidinic Acid | 1.5kg |
| Heliotopine | 0.1kg |
| Phosphorus (red or white) | 0.1kg |
| Phosphonic Acid | 0.25L |
What does production mean?
Production refers to the process of creating a drug.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
This will depend on a number of factors, including whether you accept that you were in possession of a prohibited drug precursor and whether you intended to use that precursor to produce a prohibited drug.
You may accept that you were in possession of a prohibited drug precursor, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. Will I go to jail for possessing a prohibited drug precursor?
A. It is possible that you will go to jail. The maximum penalty for possessing a prohibited drug precursor is 5 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with possession of drug manufacture apparatus, police must prove that:
What does possession mean?
Generally, you are in possession of something if it is in your custody and you had knowledge of it being under your exclusive control.
What type of equipment can be considered to be drug manufacture apparatus?
It is equipment that may be used in the process of manufacturing and producing drugs. This may include, hydrogen gas cylinders, round bottom flask, condenser, splash head, distillation head and tablet press.
What does manufacture mean?
To manufacture a drug is to extract or refine the prohibited drug from another substance or package.
What is a prohibited drug?
Some of the most common prohibited drugs include; MDMA (ecstasy), cocaine, cannabis, GHB and ice.
This will depend on a number of factors, including whether you accept that you were in possession of drug manufacture apparatus and whether you intended to use that apparatus in the manufacture of a prohibited drug.
You may accept that you were in possession of a drug manufacture apparatus, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. Will I go to jail for possessing drug manufacturing apparatus?
A. It is possible that you will go to jail. The maximum penalty for possession of drug manufacture apparatus is 10 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with entering or being on a drug premises, police must prove that:
What are drug premises?
A drug premises refers to property that is being used for:
How can police prove I was aware that the premises was a drug premises?
This is an objective test. All police are required to prove is that a reasonable person in your circumstances and with your knowledge would have suspected that there was a real or significant chance the property you were on or entering was a drug premises.
This will depend on a number of factors, including whether you accept that were on or entering a drug premises and whether you accept that you had no lawful excuse to be on the property.
You may accept that you were on or entering a drug premises, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. If this is the first time you have been charged with this offence, section 36X(1)(a) of the Drug Misuse and Trafficking Act provides a maximum penalty of 12 months imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500).
If you have been previously convicted of this offence, section 36X(1)(b) of the Drug Misuse and Trafficking Act provides a maximum penalty of 5 years imprisonment and/or 500 penalty units (i.e. a fine of up to $55,000).
Q. Will I go to jail for entering or being on a drug premises?
A. It is possible that you will go to jail. The maximum penalty for being on or entering a drug premises varies based on whether you have been convicted of this offence in the past. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with allowing use of premises as a drug premises, police must prove that:
Who is a lawful occupier?
A lawful occupier is a person who is entitled to access, control and exclude others from the premises (i.e. you may be the owner, tenant or a resident of the premises).
What are drug premises?
A drug premises refers to property that is being used for:
What are police required to prove to establish that I knowingly allowed for my premises to be used as a drug premises?
Police are only required to prove that you were aware of the real or significant chance that your property was being used as a drug premises (i.e. to supply, manufacture and/or cultivate).
This will depend on a number of factors, including whether you accept that your premises was being used as a drug premises and whether knowing allowed for the premises to be used as a drug premises.
You may accept that you allowed for your property to be used as a drug premises, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. If this is the first time you have been charged with this offence, section 36Y(1)(a) of the Drug Misuse and Trafficking Act provides a maximum penalty of 12 months imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500). If you have been previously convicted of this offence, section 36Y(1)(b) of the Drug Misuse and Trafficking Act provides a maximum penalty of 5 years imprisonment and/or 500 penalty units (i.e. a fine of up to $55,000).
Q. Will I go to jail for allowing use of premises as a drug premises?
A. It is possible that you will go to jail. The maximum penalty for allowing use of premises as a drug premises varies based on whether you have been convicted of this offence in the past. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
If you have been charged with organising drug premises, police must prove that:
What does organise or conduct mean?
The concept of organising or conducting a drug premises covers a wide range of acts. This may include preparing the premises for the supply, manufacture and/or cultivation of a prohibited drug or plant. You may assist in the preparation of the premises through acting as a door attendant, guard, or lookout.
What is a drug premise?
A drug premises refers to property that is being used for:
How can the police prove that I reasonably should have known something?
This is an objective test. Police will argue that based on the circumstances that you were in and the manner in which events have unfolded, a reasonable person in your position would have suspected or known that they were assisting in the organisation of a drug premises.
This will depend on a number of factors, including whether you accept that you were organising or conducting a drug premises.
You may accept that you were organising a drug premises, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.
Q. What is the maximum penalty?
A. If this is the first time you have been charged with this offence, section 36Z(1)(a) of the Drug Misuse and Trafficking Act provides a maximum penalty of 12 months imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500). If you have been previously convicted of this offence, section 36Z(1)(b) of the Drug Misuse and Trafficking Act provides a maximum penalty of 5 years imprisonment and/or 500 penalty units (i.e. a fine of up to $55,000).
Q. Will I go to jail for organising a drug premises?
A. It is possible that you will go to jail. The maximum penalty for organising a drug premises varies based on whether you have been convicted of this offence in the past. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q. If I am convicted, will I have a criminal record?
A. Yes, if you are convicted of an offence, it will appear on your criminal record.
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