Drug Possession

What Does The Prosecution Have to Prove?

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The accused:

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1. Had a prohibited drug;

2. In their possession.

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What Sentencing Options Are Available to the Court?

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In addition to the maximum 2 years imprisonment or fine of $2,200 the Court has the full range of sentencing options including but not limited to:

1. Intensive corrections orders;

2. Community corrections orders;

3. Conditional release orders with or without convictions;

4. Section 10 no conviction;

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Is a Section 10 No Conviction Possible?

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Each case is different but in the majority of cases, prepared properly, yes. For a first time offender for a minor drug possession in particular such an order is common. The Court is becoming quite aware of the Cannabis caution scheme whereby a caution is offered to those caught with cannabis. Court's are stating that such leniency should extend to other drugs and therefore are applying section 10 to such matters. 

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What Can Repeat Offenders Do to Assist Their Case?

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Repeat offenders or regular drug users in general can assist their case by engaging in drug counselling. This can be done privately through a psychologist or counsellor, group therapy such as the SMART Recovery program or through the Court-appointed program MERIT. In each instance the Court may give signficant regard to a person's rehabilitation through such a program. 

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John Vizzone barrister appears regularly in drug possession matters at Courts across Sydney and is available for representation. Complete the contact form to inquire today. 

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