If you have been charged with possessing or using a prohibited drug, the prosecutor must prove beyond a reasonable doubt that:
What does it mean by ‘prohibited drug’?
‘Prohibited drug’ is defined under section 4 as:
What does ‘possess’ mean?
‘Possess’ is defined under section 3 which includes to control or have dominion over, and to have the order or disposition of, and inflections and derivatives of the verb “to possess” have correlative meanings.
Possession can mean that the accused is physically in possession of the substance or that the substance is otherwise in his or her control or under his or her dominion.
At least where the substance was not in the accused’s immediate physical possession, the State must prove beyond reasonable doubt that the accused intended to control or have dominion over it.
There can be joint possession of a prohibited drug.
What is required for ‘knowledge’?
The notion of possession, in its ordinary meaning, involves a mental element. It comprehends some degree of knowledge of the thing possessed.
First, the Prosecution must prove that the accused had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that he or she had in his or her physical possession, or otherwise in his or her control or under his or her dominion, a substance or thing.
Secondly, the Prosecution must prove that the accused had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that the substance or thing was ‘a prohibited drug’.
Thirdly, it is unnecessary for the accused to have had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that the substance or thing was the specific drug the subject of the charge.
Finally, it is unnecessary for the accused to have had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that the weight or quantity of the substance or thing was as alleged in the charge.
Q. If I plead guilty or am found guilty of possessing or using a prohibited drug, 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.
Q. Should I plead guilty to a charge of possessing/using a prohibited drug?
A. This will depend on a number of factors including, for example:
You may accept that you committed an offence but:
Q. Am I going to go to gaol if I plead guilty to or am found guilty of possessing or using a prohibited drug?
A. Though imprisonment is not a likely outcome for an offence of possessing or use of a prohibited drug and there are many sentencing alternatives, it is possible that you will go to gaol if you plead guilty or are found guilty.
The maximum penalty for possessing or using 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.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
If you have been charged with possession of a prohibited drug with intent to sell or supply, the prosecutor must prove beyond a reasonable doubt that:
In cases of possession of a prohibited drug with intent to sell or supply, the quantity of the drug can be a significant factor in determining the seriousness of the offence and the potential penalties involved. A prosecutor may try to prove that larger quantities of the prohibited substance indicate an intention to engage in drug trafficking or distribution, which can lead to more severe legal consequences.
This table outlines the quantities of various drugs or plants that determine whether charges under specific sections of the law are triable in the Magistrates Court or higher courts. The table includes substances such as amphetamine, cannabis, cocaine, heroin, LSD, and others, along with their respective thresholds.
| Drug/Plant | Charges under s6(1) or 7(1) are triable in the Magistrates Court if less than amount |
| Amphetamine (Speed) | 4 grams |
| Cannabis | 500 grams |
| Cannabis resin | 40 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | 400 cigarettes (any portion in each) |
| Cocaine | 4 grams |
| Dexamphetamine | 6 grams |
| Heroin (Diacetylmorphine) | Not listed – see note below |
| Lysergic Acid Diethylamide (LSD) | 0.004 grams |
| Methylamphetamine (Ice) | 4 grams |
| MDA, MDMA(Ecstasy) | 4 grams |
| Psilocybin (Magic Mushroom derivative) | 0.3 grams |
A lawyer’s expertise and advocacy are essential in defending against charges of possession of a prohibited drug with intent to sell or supply, as a good lawyer can mount a robust defence against the prosecution’s case in several ways.
What are the maximum penalties for possession of a prohibited drug with intent to sell or supply to another?
The maximum penalties for possession of a prohibited drug with intent to sell or supply to another, are categorised by the type of drug. The penalties vary depending on the specific substance involved. For cannabis, the maximum penalty is 10 years imprisonment and/or a fine of $20,000. For trafficable methylamphetamine, commonly known as “Ice,” the maximum penalty is life imprisonment. For any other drug, the maximum penalty is 25 years imprisonment and/or a fine of $100,000.
What happens if the prosecutor applies for a person to be declared a ‘drug trafficker/?
The prosecution may apply for a person to be declared a ‘drug trafficker’ where the person is convicted of:
| Drug/Plant | Trafficking if equal to or greater than amount |
| Amphetamine (Speed) | 28 grams |
| Cannabis | 3 kilograms |
| Cannabis resin | 100 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | Not listed |
| Cocaine | 28 grams |
| Dexamphetamine | Not listed |
| Heroin (Diacetylmorphine) | 28 grams (listed as Diacetylmorphine) |
| Lysergic Acid Diethylamide (LSD) | 0.01 grams |
| Methylamphetamine (Ice) | 28 grams |
| MDA, MDMA(Ecstasy) | 28 grams |
| Psilocybin (Magic Mushroom derivative) | Not listed |
or;
A specialised trafficker defence lawyer possesses in-depth knowledge and experience in defending clients facing drug trafficking allegations.
What does ‘possess’ mean?
‘Possess’ is defined under section 3 which includes to control or have dominion over, and to have the order or disposition of, and inflections and derivatives of the verb “to possess” have correlative meanings.
Possession can mean that the accused is physically in possession of the substance or that the substance is otherwise in his or her control or under his or her dominion.
At least where the substance was not in the accused’s immediate physical possession, the Prosecution must prove beyond reasonable doubt that the accused intended to control or have dominion over it.
There can be joint possession of a prohibited drug.
How does the law presume intent to sell or supply prohibited drugs, and what quantities trigger this presumption according to Schedule V?
Unless the contrary is proved, you are deemed to have in your possession a prohibited drug with intent to sell or supply it to another if you have in your possession a quantity of the prohibited drug which is not less than the quantity specified in Schedule V in relation to the prohibited drug.
| Drug/Plant | Presumed intent to sell or supply if equal to or greater than amount |
| Amphetamine (Speed) | 2 grams |
| Cannabis | 100 grams |
| Cannabis resin | 20 grams |
| Cannabis plant | 10 plants |
| Cannabis cigarettes | 80 cigarettes (any portion in each) |
| Cocaine | 2 grams |
| Dexamphetamine | 2 grams |
| Heroin (Diacetylmorphine) | 2 grams |
| Lysergic Acid Diethylamide (LSD) | 0.002 grams |
| Methylamphetamine (Ice) | 2 grams |
| MDA, MDMA(Ecstasy) | 2 grams |
| Psilocybin (Magic Mushroom derivative) | 0.1 grams |
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. Should I plead guilty to possession of a prohibited drug with intent to sell or supply to another?
A. This will depend on a number of factors including, for example:
You may accept that you committed an offence but:
Q. Am I going to go to gaol if I plead guilty to or am found guilty of this charge?
A. Although there are many sentencing alternatives, you are likely to go to jail if you plead guilty or are found guilty.
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 gaol, or to persuade the court to reduce the length of the gaol sentence.
If you have been charged with manufacturing or preparing a prohibited drug, the prosecutor must prove beyond a reasonable doubt that:
This table outlines the quantities of various drugs or plants that determine whether charges under specific sections of the law are triable in the Magistrates Court or higher courts. It includes substances such as amphetamine, cannabis, cocaine, LSD, and others, along with their respective thresholds. For example, charges related to amphetamine are triable in the Magistrates Court if the quantity is less than 4 grams, while for cannabis, it’s 500 grams.
| Drug/Plant | Charges under s6(1) or 7(1) are triable in the Magistrates Court if less than amount |
| Amphetamine (Speed) | 4 grams |
| Cannabis | 500 grams |
| Cannabis resin | 40 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | 400 cigarettes (any portion in each) |
| Cocaine | 4 grams |
| Dexamphetamine | 6 grams |
| Heroin (Diacetylmorphine) | Not listed – see note below |
| Lysergic Acid Diethylamide (LSD) | 0.004 grams |
| Methylamphetamine (Ice) | 4 grams |
| MDA, MDMA(Ecstasy) | 4 grams |
| Psilocybin (Magic Mushroom derivative) | 0.3 grams |
What are the maximum penalties associated with the charge?
The maximum penalties for charges related to possession of prohibited drugs with intent to sell or supply vary depending on the type of drug involved. For cannabis, the maximum penalty is 10 years imprisonment and/or a fine of $20,000. For trafficable methylamphetamine, commonly known as “Ice,” the maximum penalty is life imprisonment. In cases involving any other prohibited drug not specifically listed, the maximum penalty is 25 years imprisonment and/or a fine of $100,000. These penalties reflect the severity of the offence and aim to deter individuals from engaging in drug-related activities.
What is defined as a trafficable quantity of a prohibited drug and what happens if the prosecutor applies for a declaration of ‘drug trafficker’?
The prosecution may apply for a person to be declared a “drug trafficker” where the person is convicted of:
| Drug/Plant | Trafficking if equal to or greater than amount |
| Amphetamine (Speed) | 28 grams |
| Cannabis | 3 kilograms |
| Cannabis resin | 100 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | Not listed |
| Cocaine | 28 grams |
| Dexamphetamine | Not listed |
| Heroin (Diacetylmorphine) | 28 grams (listed as Diacetylmorphine) |
| Lysergic Acid Diethylamide (LSD) | 0.01 grams |
| Methylamphetamine (Ice) | 28 grams |
| MDA, MDMA(Ecstasy) | 28 grams |
| Psilocybin (Magic Mushroom derivative) | Not listed |
or;
A skilled attorney’s expertise and advocacy can significantly improve the defendant’s chances of minimising the penalties associated with trafficking charges.
What does ‘manufacture’ mean?
To make up or bring (raw material, ingredients, etc.) into a form suitable for use; to work up as or convert into a specified product.
Q. If I plead guilty or am found guilty of manufacturing or preparing a prohibited drug, 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.
Q. Should I plead guilty to manufacturing or preparing a prohibited drug?
A. This will depend on a number of factors including, for example:
You may accept that you committed an offence but:
Q. Am I going to go to gaol if I plead guilty to or am found guilty of this charge?
A. Although there are many sentencing alternatives, it is very likely that you will go to gaol if you plead guilty or are found guilty.
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 you going to gaol, or to persuade the court to reduce the length of the gaol sentence.
What is an ‘offer’?
An offer must be a serious offer to sell, intended to be taken seriously by the person it is made to.
Where a person is charged with offering to sell or supply a prohibited drug to another person, contrary to s 6(1)(c), it is not necessary for the prosecution to prove that the accused actually intended to sell or supply the prohibited drug. The relevant intention is the accused’s intention that the offeree regard the offer as genuine.
What does ‘sell’ and ‘supply’ mean?
The words ‘to sell’ are used in their ordinary meaning of to exchange for money.
To ‘supply’ includes to deliver, dispense, distribute, forward, furnish, make available, provide, return or send, and it does not matter that something is supplied on behalf of another or on whose behalf it is supplied. An intention to return the drugs to the person who supplied them to you is an intention to supply.
If you have been charged with selling or supply, or offer to sell or supply, a prohibited drug to another, the prosecutor must prove beyond a reasonable doubt that:
The prosecutor may use this table of quantities as a reference point to assess the severity of the alleged offense and determine the appropriate charges to bring against the accused. They could argue that the quantity of the prohibited drug found in possession of the accused exceeds the thresholds specified in the table, thus warranting more serious charges or a trial in higher courts. Conversely, if the quantity falls below the specified thresholds, the prosecutor may opt for charges triable in the Magistrates Court, which could result in a less severe penalty upon conviction.
| Drug/Plant | Charges under s6(1) or 7(1) are triable in the Magistrates Court if less than amount |
| Amphetamine (Speed) | 4 grams |
| Cannabis | 500 grams |
| Cannabis resin | 40 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | 400 cigarettes (any portion in each) |
| Cocaine | 4 grams |
| Dexamphetamine | 6 grams |
| Heroin (Diacetylmorphine) | Not listed – see note below |
| Lysergic Acid Diethylamide (LSD) | 0.004 grams |
| Methylamphetamine (Ice) | 4 grams |
| MDA, MDMA(Ecstasy) | 4 grams |
| Psilocybin (Magic Mushroom derivative) | 0.3 grams |
What is the maximum penalties if convicted of selling or supplying or offering to sell or supply, a prohibited drug to another?
If convicted of selling, supplying, or offering to sell or supply cannabis, the maximum penalty is 10 years imprisonment and/or a fine of $20,000. For trafficable methylamphetamine, commonly known as “Ice,” the maximum penalty is life imprisonment. In cases involving any other prohibited drug not specifically listed, the maximum penalty is 25 years imprisonment and/or a fine of $100,000.
What happens if the prosecutor applies for a ‘drug trafficker’ declaration?
Drug trafficking charges can have severe consequences, including lengthy prison sentences, substantial fines, and lasting repercussions on one’s personal and professional life. A specialised trafficker lawyer possesses in-depth knowledge and experience in defending clients facing drug trafficking allegations.
The prosecution may apply for a person to be declared a “drug trafficker” where the person is convicted of:
| Drug/Plant | Trafficking if equal to or greater than amount |
| Amphetamine (Speed) | 28 grams |
| Cannabis | 3 kilograms |
| Cannabis resin | 100 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | Not listed |
| Cocaine | 28 grams |
| Dexamphetamine | Not listed |
| Heroin (Diacetylmorphine) | 28 grams (listed as Diacetylmorphine) |
| Lysergic Acid Diethylamide (LSD) | 0.01 grams |
| Methylamphetamine (Ice) | 28 grams |
| MDA, MDMA(Ecstasy) | 28 grams |
| Psilocybin (Magic Mushroom derivative) | Not listed |
or;
Q. If I plead guilty or am found guilty of selling or supplying or offering to sell or supply a prohibited drug to another, 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.
Q. Should I plead guilty to selling or supplying or offering to sell or supply a prohibited drug to another?
A. This will depend on a number of factors including, for example:
You may accept that you committed an offence but:
Q. Am I going to go to gaol if I plead guilty to or am found guilty of the charge?
A. Although there are many sentencing alternatives, it is very likely that you will go to gaol if you plead guilty or are found guilty.
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 gaol, or to persuade the court to reduce the length of the gaol sentence.
If you have been charged with possessing or cultivating a prohibited plant, the prosecutor must prove beyond a reasonable doubt that:
What is a ‘prohibited drug’?
‘Prohibited plant’ is defined under section 4 as:
What does it mean to ‘possess’?
‘To possess’ is defined under section 3 which includes to control or have dominion over, and to have the order or disposition of, and inflections and derivatives of the verb “to possess” have correlative meanings.
Possession can mean that the accused has physical possession of the substance/thing or has the substance otherwise in his or her control or under his or her dominion.
At least where the substance/thing was not in the accused’s immediate physical possession, the State must prove beyond reasonable doubt that the accused had an intention to control or have dominion over the substance.
There can be joint possession of a prohibited drug.
What ‘knowledge’ is required?
The notion of possession, in its ordinary meaning, involves a mental element. It comprehends some degree of knowledge of the thing possessed.
First, the State must prove that the accused had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that he or she had in his or her physical possession, or otherwise in his or her control or under his or her dominion, a substance or thing.
Secondly, the State must prove that the accused had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that the substance or thing was ‘a prohibited plant’.
Thirdly, it is unnecessary for the accused to have had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that the substance or thing was the specific plant the subject of the charge.
Finally, it is unnecessary for the accused to have had at least an awareness or belief in the likelihood (in the sense that there was a significant or real chance) that the weight or quantity of the substance or thing was as alleged in the charge.
Q. If I plead guilty or am found guilty of possessing or cultivating a prohibited plant, will a conviction be recorded?
A. It is likely that the court will record a conviction, however, a skilled criminal defence lawyer’s negotiation tactics and advocacy can significantly influence the outcome of your case, potentially leading to a more favourable conviction or reduced penalties. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q. Should I plead guilty to possessing or cultivating a prohibited plant??
A. This will depend on a number of factors including, for example:
You may accept that you committed an offence but:
Q. Am I going to go to gaol if I plead guilty to or am found guilty of the charge?
A. Though imprisonment is not a likely outcome for an offence of possessing or using a prohibited drug and there are many sentencing alternatives, it is possible that you will go to gaol if you plead guilty or are found guilty.
The maximum penalty for possessing or cultivating a prohibited plant is two 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 gaol.
What does ‘cultivate’ mean?
In relation to a prohibited plant includes to grow, sow or scatter the seed produced by, or to plant, nurture, tend or harvest the prohibited plant’.
What does ‘intent to sell or supply’ mean?
Intent to sell or supply to another refers to the purpose or aim of possessing a prohibited drug or plant with the intention of transferring it to another person for either financial gain or other reasons. It involves the planning or preparation to distribute the substance to someone else, whether through actual sale, exchange, or provision without monetary transaction.
If you have been charged with possession of a prohibited plant with intent to sell or supply, the prosecutor must prove beyond a reasonable doubt that:
The prosecutor may use the quantity table to establish the severity of the alleged offence of possessing or cultivating a prohibited plant with intent to sell or supply. By demonstrating that the quantity of the prohibited plant involved exceeds the thresholds outlined in the table, the prosecutor can argue for more serious charges and potentially harsher penalties.
| Drug/Plant | Charges under s6(1) or 7(1) are triable in the Magistrates Court if less than amount |
| Amphetamine (Speed) | 4 grams |
| Cannabis | 500 grams |
| Cannabis resin | 40 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | 400 cigarettes (any portion in each) |
| Cocaine | 4 grams |
| Dexamphetamine | 6 grams |
| Heroin (Diacetylmorphine) | Not listed – see note below |
| Lysergic Acid Diethylamide (LSD) | 0.004 grams |
| Methylamphetamine (Ice) | 4 grams |
| MDA, MDMA(Ecstasy) | 4 grams |
| Psilocybin (Magic Mushroom derivative) | 0.3 grams |
What happens if the prosecutor applies for a ‘drug trafficker’ declaration?
The prosecution may apply for a person to be declared a “drug trafficker” where the person is convicted of:
This table outlines the quantities of various drugs or plants that may trigger a prosecution’s application for a “drug trafficker” declaration. If the quantity of the prohibited drug involved in the offence equals or exceeds the amounts specified in the table, the prosecution may apply for the individual to be declared a “drug trafficker.” For instance, if an individual is convicted of a serious drug offence involving 28 grams or more of amphetamine (speed), cannabis, cocaine, methylamphetamine (ice), or MDMA (ecstasy), the prosecution may seek a “drug trafficker” declaration. Additionally, if the individual has prior convictions for two or more serious drug offences within 10 years, or if they were a member of a declared criminal organization at the time of the offence, the prosecution may also apply for such a declaration. This table provides guidance for prosecutors to assess eligibility for “drug trafficker” declarations based on the quantity and nature of the drug offences committed.
| Drug/Plant | Trafficking if equal to or greater than amount |
| Amphetamine (Speed) | 28 grams |
| Cannabis | 3 kilograms |
| Cannabis resin | 100 grams |
| Cannabis plant | 20 plants |
| Cannabis cigarettes | Not listed |
| Cocaine | 28 grams |
| Dexamphetamine | Not listed |
| Heroin (Diacetylmorphine) | 28 grams (listed as Diacetylmorphine) |
| Lysergic Acid Diethylamide (LSD) | 0.01 grams |
| Methylamphetamine (Ice) | 28 grams |
| MDA, MDMA(Ecstasy) | 28 grams |
| Psilocybin (Magic Mushroom derivative) | Not listed |
A specialised trafficker defence lawyer possesses in-depth knowledge and experience in defending clients facing drug trafficking allegations. They understand the intricacies of drug trafficking laws, evidence-collection procedures, and prosecution strategies. Additionally, they have established relationships with experts who can provide valuable insights into drug trafficking cases, such as forensic analysts and investigators. By leveraging their expertise and resources, a specialised trafficker lawyer can mount a robust defence tailored to the specific circumstances of the case.
How is a presumption of intent to sell or supply a prohibited plant established, and what are the specific quantities that trigger this presumption for various drugs or plants?
Unless the contrary is proved, you are deemed to have in your possession a prohibited plant with intent to sell or supply it to another if he has in his possession a quantity of the prohibited drug that is not less than the quantity specified in Schedule V in relation to the prohibited plant.
| Drug/Plant | Presumed intent to sell or supply if equal to or greater than amount |
| Amphetamine (Speed) | 2 grams |
| Cannabis | 100 grams |
| Cannabis resin | 20 grams |
| Cannabis plant | 10 plants |
| Cannabis cigarettes | 80 cigarettes (any portion in each) |
| Cocaine | 2 grams |
| Dexamphetamine | 2 grams |
| Heroin (Diacetylmorphine) | 2 grams |
| Lysergic Acid Diethylamide (LSD) | 0.002 grams |
| Methylamphetamine (Ice) | 2 grams |
| MDA, MDMA(Ecstasy) | 2 grams |
| Psilocybin (Magic Mushroom derivative) | 0.1 grams |
Q. If I plead guilty or am found guilty of possession or cultivation of a prohibited plant with intent to sell or supply to another, 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.
Q. Should I plead guilty to a charge of possession or cultivation of a prohibited plant with intent to sell or supply to another?
A. This will depend on a number of factors including, for example:
You may accept that you committed an offence but:
Q. Am I going to go to gaol if I plead guilty to or am found guilty of the criminal charge?
A. Although there are many sentencing alternatives, it is very likely that you will go to gaol if you plead guilty or are found guilty.
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 gaol, or to persuade the court to reduce the length of the gaol sentence.
If you have been charged with possessing or using a prohibited drug, the prosecutor must prove beyond a reasonable doubt that:
What is ‘drug paraphernalia’?
‘Drug paraphernalia’ is defined in s7B(1) as:
Q. If I plead guilty or am found guilty, will a conviction be recorded?
A. A criminal defence lawyer can provide invaluable assistance if you’re facing charges related to possessing any drug paraphernalia in or on which there is a prohibited drug or prohibited plant. While 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, your criminal history and many other factors.
Q. Should I plead guilty to possessing any drug paraphernalia in or on which there is a prohibited drug or prohibited plant?
A. This will depend on a number of factors including, for example:
You may accept that you committed an offence but:
Q. Am I going to go to gaol if I plead guilty to or am found guilty of
A. Though imprisonment is not a likely outcome for an offence of possessing or using a prohibited drug and there are many sentencing alternatives, it is possible that you will go to gaol if you plead guilty or are found guilty.
The maximum penalty for possessing or using 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.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.