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Drug Offences

Experienced Defence. Strategic Approach

Expert Defence for Drug Offences in NSW

Facing drug charges can be daunting. Our experienced legal team provides expert defence strategies for all drug-related offences, from possession to trafficking.

Understanding Drug Offence Charges

At Foye Legal, we understand that navigating the complexities of drug offence charges in New South Wales requires specialised legal expertise. We provide dedicated advice and representation for individuals facing allegations related to prohibited drugs, including possession, manufacture, production, supply, and trafficking.

Understanding Drug Offences in NSW:

  • Possession: Under Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW), possessing a prohibited drug carries a maximum penalty of two years’ imprisonment and/or a fine of up to $2,200. To secure a conviction, the prosecution must prove that the individual had knowledge and control of the drug.
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  • Manufacture and Production: Engaging in the manufacture or production of prohibited drugs is a serious offence, with penalties varying based on the drug type and quantity involved. Recent law enforcement actions have targeted clandestine laboratories involved in the production of substances like magic mushrooms and methamphetamines.
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  • Supply and Trafficking: Supplying or trafficking prohibited drugs involves distributing controlled substances to others. Penalties are severe and depend on factors such as the quantity of drugs and the offender’s role in the supply chain. Notably, involvement in drug supply networks, including those operating via the dark web, has led to significant legal consequences.

Understanding legal defences

Several defences may be applicable in drug offence cases, including:

Each case is unique, and the applicability of defences varies based on individual circumstances.

Why Choose Foye Legal?

At Foye Legal, we approach each case with sensitivity and discretion, providing personalised legal strategies tailored to your unique circumstances.

With offices in Wollongong, Shellharbour, and North Sydney, Foye Legal offers:

We’re in this together

Criminal Law is complex & involves allegations against individuals by the state. Foye Legal provides tailored and compassionate advice, and representation. As no two cases are the same, we ensure our approach and your case is handled with the utmost of case.

WorkingWith Your Lawyer: Your Essential Toolkit

Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.

What To Expect From Your First Consultation With Us

Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.

Crime & Traffic Offences

FAQs

NSW, drug possession is defined as having a prohibited drug in your custody or control, with knowledge of its presence. This includes substances like cannabis, MDMA, cocaine, and heroin. Possession is an offence under Section 10 of the Drug Misuse and Trafficking Act 1985 and can result in penalties including fines and imprisonment.

The maximum penalty for possessing a prohibited drug in NSW is two years’ imprisonment and/or a fine of up to $2,200. However, penalties can vary based on factors such as the type and quantity of the drug, prior offences, and the circumstances of the case.

Yes, first-time offenders may avoid a criminal record through options like the Cannabis Caution Scheme for minor cannabis offences or by receiving a Section 10 dismissal, where the court finds the offence proven but does not record a conviction. Engaging in rehabilitation programs and demonstrating remorse can also influence the court’s decision.

Drug supply includes activities such as selling, distributing, or possessing a prohibited drug with the intent to supply. Even sharing drugs with friends can be classified as supply. Penalties for drug supply are severe and depend on the quantity and type of drug involved.

Yes, potential defences include lack of knowledge (unaware of the drug’s presence), lack of exclusive possession (the drug was in a shared space), or duress (coerced into possessing the drug). Each case is unique, so it’s essential to seek legal advice to determine the best defence strategy.

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