According to NSW Police News, A man is being investigated and has currently been charged with possession of a prohibited drug and dealing with proceeds of crime. He has been granted conditional bail on 29 July 2020.
On 6 April 2020, 7:30 PM the police received reports that a man had been abducted at Windsor Road, Northmead. On 7 April 2020, following the abduction report, the police searched the missing man’s apartment. The police subsequently found $50,000 cash, 2 money counting machines and steroids.
What is the law of possession of a prohibited drug in NSW?
Possession of a prohibited drug, such as methamphetamines, is an offence under s10 Drugs Misuse and Trafficking Act 1985:
“ (1) A person who has a prohibited drug in his or her possession is guilty of an offence.”
Key Elements of the Offence
For the prosecution to be successful in a charge of possession of a prohibited drug, they must prove beyond a reasonable doubt, the following elements:
- A person
- Has a prohibited drug
“Prohibited drug” is defined as any substance in schedule 1, other than a prohibited plant. A prohibited drug includes, but is not limited to, cannabis oil, cannabis resin, cocaine, codeine, ephedrine, and fentanyl as per schedule 1 of Drug Misuse and Trafficking Act 1985 (NSW).
- In his/her possession
“Deemed Possession” is defined under s7 Drug Misuse and Trafficking Act 1985 (NSW) to mean that the drugs are in the “order or disposition” of the person or of persons jointly by agreement. Generally, possession means that the drugs need to be under the control of a person or persons by agreement, whether or not the drugs were physically with the person. For example, the person will be free to take the drugs, give it away, dispose of it or deal with it as they please.
Penalty
The maximum penalty for the offence of possession of a prohibited drug is 20 penalty points and/or 2 years imprisonment. However, a lesser penalty may be considered by the Court where the defendant is able to show there are mitigating circumstances, for example, if the defendant was undertaking a drug rehabilitation program.
Defences:
Where the prosecution is unable to prove the key elements above beyond reasonable doubt, the defendant will not be found guilty.
Nonetheless, it is open to the defendant to validly raise the following defences:
- Duress
- No proof that the drugs belonged to the defendant
- Police conducted an illegal search
For more information on assault charges see: Peakhurst man assaults police officer, Former NSW police officer allegedly assaulted a woman while in uniform, Assault and Common Assault.
If you have been arrested or the police are looking to interview you regarding an investigation, Pannu Lawyers is able to advise you of your rights at every step of the criminal investigation & trial process. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales such as Blacktown Local Court, Mt Druitt Local Court, Parramatta Local Court & District Court, Burwood Local Court, Downing Centre Local Court & District Court, and Penrith Local Court. If your matter is at Blacktown Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
The above information is intended as general information and is not intended to be relied on as legal advice.
