What is the offence of Possess a prohibited drug?

If you’re charged with Possess prohibited drugs, you do not want a criminal conviction on your record. The consequences can be catastrophic for a person’s employment or travel plans. We have the best drug lawyers on our books, including some who have never had a conviction recorded for clients who are first-time offenders and caught with a small quantity of drugs.

Whether the allegation is possession at a festival, on a night out, or in your home, we get the best result for you. Do not settle for second best when it comes to possession offences, call us today.

If you intend to plead guilty, we have a proven track record of not only keeping our clients out of jail but also having no conviction recorded for Possession of a prohibited drug.

How do I beat a charge of Possess a prohibited drug?

You will be found not guilty of the offence of Possess a prohibited drug if the police cannot prove beyond reasonable doubt:

  1. You had a prohibited drug in your possession; and
  2. You knew the prohibited drug was in your possession, or you knew of its likely existence, or you believed that it was a narcotic drug of some kind even if you were unaware of the actual type.

Possession means de facto possession or exclusive physical control of the drug. Constructive possession is where the person does not have actual possession but has the legal right to take possession whenever the person wishes to do so.

Where the police allege you had exclusive possession of a drug, but the drug is found in a communal place, police must negate possession on the part of any other person, e.g. other occupants of the house which you live.

Pleading guilty to Possess prohibited drugs

If you committed the offence (and the police can prove so), we want to get you a better result than anyone else. We will often negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge, so you get a lighter sentence!

Possess a prohibited drug, carries a maximum penalty of two years imprisonment and/or a fine of $2,200.00; however, these penalties are typically reserved for the worst offenders. Our solicitors have a proven track record of not only keeping our clients out of jail but also having no conviction recorded.

You can read about all the sentencing options that a court has including about not having a conviction recorded here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.

Why choose Australian Criminal Law Group?

Our criminal lawyers are experts at obtaining the best outcome possible for Possess a prohibited drug. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.To discuss your charge of Possess a prohibited drug, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.

Case study

Mr Harb appeared for a person charged with the supply of 110 ecstasy tablets at the Future Music Festival. Mr Harb explained to the court that his client was holding 88 of those pills for a friend and 22 tablets were to be given to other friends at the festival. Mr Harb was able to successfully convince the DPP that the ‘ Carey defence’ applied in this case and that the 88 pills should be dealt with on a possession charge.  The matter proceeded to sentencing at the District Court over a 9-month period in which the judge required our client undertake weekly urine drug testing. Ultimately, the judge imposed a sentence of two good behaviour bonds, without convictions, for the possession of 88 pills and supply of 22 pills charges.

Case study

Australian Criminal Law Group appeared for an Accused person who had been pulled over by the police and drugs found in the side compartment of a company car. Our solicitor argued that the police could not prove the cocaine and methylamphetamine belonged to the Accused as opposed to another person. The Magistrate at Penrith Local Court ultimately ordered that the charges be dismissed and ordered the police pay the legal costs of our client.

Case study

Australian Criminal Law Group appeared for a young person who had 10 ecstasy tablets at the Stereosonic music festival. Our solicitor tendered a copy of an employment contract showing that the young person could lose his job if convicted of a criminal offence. He also tendered bank statements showing that the young person was struggling to repay a mortgage and submitted he would default if he lost his job. The Magistrate agreed that the effect of a conviction on his employment outweighed the need to punish the young person. The Magistrate dismissed the matter pursuant to section 10 and the young person was not convicted.

Case study

Mr Harb appeared for a person charged with the supply of 9 grams cocaine. Mr Harb convinced the DPP to withdraw the supply charge and accept a guilty plea to a possession charge.  The matter proceeded to sentence in the Local Court and the magistrate did not record a conviction.

Case study

Mr Harb represented a person charged with supply of 18 MDMA capsules at a music festival.  He successfully negotiated with the DPP for his client to plead guilty to one count of possession of 8 capsules and supply of 10 capsules to friends for no profit. The matter remained in the local court and was dealt with under Section 10 without conviction.

Case study

Australian Criminal Law Group appeared for a young person charged with possession of four ecstasy tablets at a music festival. The young person had received a section 10 for malicious damage four years earlier whilst at university. Our solicitor argued that the receipt of a section 10 years prior did not prohibit the court from using the section a second time. Further, he argued that the previous conviction was more a product of university skylarking than any propensity for criminal behaviour. The Magistrate agreed and dismissed the charge under section 10, recording no conviction.


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