Drug Offences
Understanding Drug Offences in New South Wales: Laws, Consequences, and Legal Support
Facing Drug Offences
Facing drug offence charges can be daunting, but you do not have to navigate the legal system alone. Our team has a proven track record of helping clients achieve favorable outcomes in drug-related cases. We offer compassionate and dedicated legal assistance to ensure your rights are protected and to strive for the best possible result in your case.
What is a Drug Offence?
Types of Drug Offences
- Drug Possession: Holding or having control over a prohibited substance, even for personal use.
- Drug Use: The act of consuming a prohibited substance.
- Drug Supply: Distributing or selling prohibited substances, regardless of the amount.
- Cultivation: Growing plants that are classified as prohibited substances.
- Manufacture: Producing or preparing prohibited substances through chemical processes.
- Importation: Bringing prohibited substances into New South Wales from other regions or countries.
Legal Consequences
Drug offences can lead to various legal repercussions, including fines, community service, probation, and imprisonment. The severity of the punishment often depends on the nature and scale of the offence, the individual’s criminal history, and other mitigating factors.
Legal Support and Defence Strategies
If you are charged with a drug offence, obtaining experienced legal counsel is crucial. Skilled lawyers can provide robust defence strategies, such as challenging the evidence, negotiating plea deals, or demonstrating mitigating circumstances. Many individuals have successfully avoided conviction or received reduced sentences with the right legal support.
Common Drug Offences
There are many common and various drug offences. Contact us today for a free consultation.
An Intensive Corrections Order (ICO) is a custodial sentence of up to two years that the court decides can be served in the community. It is the most serious sentence that an offender can serve in the community.
Courts can add conditions to an ICO such as home detention, electronic monitoring, curfews, community service work (up to 750 hours), alcohol/drug bans, place restrictions, or non-association requirements. Offenders may also be required to participate in programs that target the causes of their behaviour.
If an offender breaches an ICO the offender does not go before the Local Court. Less serious breaches can be dealt with by a Community Corrections Officer, and more serious breaches can be referred to the State Parole Authority who may revoke the ICO, requiring the offender to serve the remainder of their sentence in custody.
A domestic violence offender can only be sentenced to an ICO if the court is satisfied that the complainant or likely co-residents can be adequately protected. For example, a domestic violence offender is not eligible for an ICO with a home detention condition if they are intending to reside with the victim.
Community Correction Orders can be used by courts to punish offenders for crimes that do not warrant imprisonment or an ICO, but are too serious to be dealt with by a fine or lower-level penalty.
The benefit of a CCO is that it is a flexible sentence that the court can tailor to reflect the nature of the offence and the offender’s subjective circumstances.
The court can select from a range of conditions, such as supervision by Community Corrections Officers, community service work (up to 500 hours) and curfews, to hold a particular offender to account and reduce their risk of reoffending. A court can also mandate psychological treatment under this order.
CCOs can be imposed for a period of up to three years.
A CCO always has a requirement for an offender to be of good behaviour, meaning they are not to commit any further offences. If any conditions under this order are breached, the order can be called up by the court and the offender sentenced for the offence that placed them on the order along with the offence that brought them back before the court.
There are two types of Conditional Release Orders, one where a conviction is imposed and one where a conviction is not imposed. Courts have the discretion to impose a conviction on a CRO if they consider it appropriate.
Courts typically sentence an offender to a Conditional Release Order without a conviction if they are before the court for the very first time, if the offence is not objectively serious in the circumstances and where the court is of the view that the offender is unlikely to present a risk to the community.
A conviction is usually imposed on a CRO when the court is of the view that the objective seriousness of the offence warrants a conviction. For domestic violence offences the principle of general deterrence plays greater weight, meaning the courts are required to reflect the community standards when sentencing.
The benefit of CROs is that the court can impose conditions such as drug and alcohol abstention, programs, non-association requirements or place restrictions where appropriate. CROs can also have a supervision condition. CROs can be imposed for a period of up to two years.
A CRO always has a requirement for an offender to be of good behaviour, meaning they are not to commit any further offences. If any conditions of this bond are breached, the bond can be called up by the court and the offender sentenced for the offence that placed them on the bond along with the offence that brought them back before the court.