Have you been charged with a drug-related offence?
Drug charges range from relatively straightforward possession matters to serious allegations of supply, cultivation, manufacture or importation. Whatever the charge, the first step is to work out what police can actually prove and what outcome matters most to you. ED Legal provides direct advice and court representation across Sydney and NSW.
How we can help you
We focus first on the evidence and the practical outcome you are trying to protect. You deal directly with Principal Lawyer Ali El-Darwich, and the strategy is tailored to the actual charge rather than a generic drug-offence template.
That can include challenging the prosecution case, making representations, preparing a plea carefully or putting forward strong sentencing material where the charge is admitted.
Before a police interview or court date
If police want to interview you about a drug allegation, obtain legal advice before deciding whether to participate. What is said about possession, ownership, quantity, supply or cultivation can affect the prosecution case.
Keep your Court Attendance Notice, bail papers and any search or seizure documents. Preserve relevant messages, records and other material in their original form.
Possession charges
A possession charge is not decided simply because police found a drug nearby. The prosecution still has to prove possession in the legal sense, which can raise questions about knowledge, control, location and who else had access to the area or item.
For a standard possession charge, the Local Court can impose a fine and, in more serious cases, imprisonment. In many lower-level matters, however, the practical focus is whether a conviction can be avoided and how to minimise the effect on your record, work and travel. More serious allegations may require a closer challenge to possession, supply or participation.
Supply charges
Drug supply is dealt with under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). The definition is broad and is not limited to a completed sale.
Supply can include selling, distributing, delivering, offering or agreeing to supply, or holding drugs for the purpose of supply. The prosecution case often depends on quantity, messages, cash, packaging, surveillance and the circumstances in which the drugs were found.
A person may also face a deemed-supply allegation under section 29 where the quantity is at or above the traffickable quantity for the particular drug. In that situation, the law treats the drugs as having been possessed for supply unless the accused establishes, on the balance of probabilities, that they were possessed for another purpose.
If the allegation involves actual supply, deemed supply or trafficking, see our Drug Supply & Trafficking page for more detail.
Challenging a supply allegation
A supply allegation may be challenged by disputing possession, the alleged supply, knowledge, or the purpose for which the drugs were held. Where deemed supply is alleged, evidence that the drugs were possessed for a purpose other than supply can be critical.
For a supply charge, the prosecution still has to prove the prohibited drug, the alleged supply and the required knowledge. The police theory should be tested against the full context rather than assumed from quantity or isolated messages.
Cultivation charges
Section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) deals with cultivating prohibited plants. An allegation may involve planting, growing, tending or harvesting plants, knowingly taking part in the cultivation process, or evidence said to connect a person to the crop, premises or equipment.
If the cultivation is for commercial purposes, penalties can exceed 15 years’ imprisonment. Cases involving large indoor grows or sophisticated operations are treated especially seriously.
Other drug offences
We also represent clients charged with importation, trafficking, manufacture and offences involving equipment or premises said to be connected with prohibited drugs. These matters can involve different legislation, investigative agencies and penalty regimes.
Defending a drug charge
The available response depends on the exact offence and evidence. A defence may involve disputing possession or control, knowledge, the identity of the substance, an alleged supply, participation in cultivation, the lawfulness of a search or the reliability of the prosecution evidence.
Preparing to speak with a lawyer
When you contact us, have your Court Attendance Notice, bail papers and any search or seizure documents available. Tell us the exact charge, your next court date and whether police have asked you to attend an interview.
Let us know if police have seized a phone, searched a home or vehicle, or allege that other people were involved. Preserve relevant messages, records and other material in their original form.
Sources
Drug Misuse and Trafficking Act 1985 (NSW) — possession, supply, cultivation and related prohibited-drug offences.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
