Author Archives: Ugur Nedim

About Ugur Nedim
Ugur Nedim is an Accredited Specialist Criminal Lawyer and Principal at Sydney Criminal Lawyers®, Sydney’s Leading Firm of Criminal & Drug Defence Lawyers.
January 17, 2016 Drug Possession, Drug Supply
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Drug Hot Spots in NSW

It seems as though the media wants us to believe that drug use occurs mostly in ‘less affluent’ areas of Sydney, and in regional NSW.

But while those living in wealthy neighbourhoods might think drugs are associated with ‘poorer’ areas, data obtained by the Bureau of Crime Statistics and Research (BOCSAR) suggests that some of Sydney’s most prestigious suburbs have the highest rates of drug possession and supply.

Here’s a breakdown of drug activity by offence type and area:

Cannabis

SBS series Struggle Street sparked controversy last year after showing 21-year-old Mount Druitt local Billie-Jo Wilkie smoking cannabis while pregnant.

The confronting scene attracted many negative comments on social media about the residents of Mount Druitt, with one viewer posting: ‘Mt Druitt, a good reason for compulsory sterilisation.’

But it wasn’t Mt Druitt, or any other outer Sydney suburb, that topped the list for cannabis possession.

Rather, the Sydney Local Government Area (LGA) was in number one place with 1594.1 incidents involving cannabis use or possession per 100,000 population between October 2014 and September 2015; quadruple the state average of 357.6. It should be noted, however, that a significant proportion of those detected are likely to have been visiting the city from other areas.

Country areas such as Mildura, Walgett and Bourke also had high rates, at 850.3, 882.6 and 1123.2 per 100,000 population respectively.

Waverley LGA was also right up there, with 796.5 per 100,000. Waverley includes the iconic Sydney suburbs Bondi Beach, Tamarama and Bronte which, like the Sydney CBD, attract large number of visitors.

Trendy inner-west suburbs including Marrickville, Newtown, Surry Hills and Potts Point closely followed, with 710 incidents per 100,000 people.

By comparison, the Blacktown LGA, which includes Mount Druitt, recorded 497.2 incidents – not a great deal more than the state average.

Ecstasy

Ecstasy has featured heavily in the media in recent times after a number of tragic deaths at music festivals.

Some of Sydney’s most expensive suburbs recorded the highest rates of ecstasy use in the state. In North Sydney LGA, which includes Kirribilli, Milsons Point, Neutral Bay and Crows Nest, there were 228.9 recorded incidents of ecstasy use or possession per 100,000 population; well over the state average of 41.6.

The rate in nearby Randwick LGA was 145.7, while the rate in the Sydney City area was 564.1.

Not surprisingly, the Sydney Olympic Park area had some of the highest recorded incidents of ecstasy use/possession, at 135.4 per 100,000. This is partly attributable to festivals and public events being held at the Park – including the annual Stereosonic music festival, during which there were 221 drug-related arrests last year.

Cocaine

Cocaine is known as a drug of the wealthy – so it may come as no surprise that affluent areas, including the Wollahra, Waverley and Randwick LGA, reported the highest rates of cocaine use/possession; at 203.6, 112.3 and 91.1 per 100,000 population respectively; compared with the statewide average of 23.5.

Parramatta also reported high rates of cocaine use at 74.5 per 100,000 people.

By contrast, many rural and regional areas reported very low – and in some cases, zero – rates of cocaine use, which may be reflective of the high price commanded by the drug, as well as lack of supply in rural areas.

Ice / Methamphetamines

NSW is reported to be in the grips of an ‘ice epidemic’ – and the problem is said to be most prevalent in country areas.

This is indeed reflected in the BOCSAR statistics – with areas such as Cessnock, Goulburn, Forbes and Bourke having some of the highest recorded rates of amphetamine use anywhere in the state.

However, statistics suggest that Liverpool and the Sydney CBD also have high rates – at 209.7 and 655.3 per 100,000 respectively, compared with the statewide average of 121.6.

Randwick and Marrickville LGAs also reported high rates of amphetamine use – at 115.2 and 143.2 per 100,000 respectively.

Other Drug Offences

When it came to other drug crimes, the results were even more interesting.

The incidence of drug supply generally followed trends for possession of each of the respective drugs – i.e. areas that had high rates of cannabis possession also had high reported rates of people getting charged with supplying cannabis.

But other drug crimes, such as drug manufacture, were less predictable – while there were very few people charged with this offence in the inner city area (perhaps because most people would not manufacture in such a heavily populated area), regional centres such as Mudgee, Cobar and Nambucca reported the highest rates.

The Rockdale and Botany Bay LGAs also recorded some of the highest rates of drug importation – which is, of course, because those areas encompass Sydney Airport and Port Botany. Surprisingly, however, there were also high rates of drug importation in the Willoughby LGA – which generally has low crime rates.

What Do the Statistics Suggest?

Although statistics can’t always be relied upon, and can be skewed by a range of factors, the BOCSAR figures appear to confirm that drug use occurs everywhere – including in ‘safe’ and ‘affluent’ suburbs.

The figures suggest that it is inaccurate and unfair to stereotype particular areas and people as drug users or suppliers.

January 14, 2016 Drug Importation, Drug Supply
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Guzman’s Recapture Won’t Win the ‘War on Drugs’

If you’ve been reading the news lately, you may have heard about the recapture of notorious drug lord Joaquín Guzmán, better known as ‘El Chapo,’ or ‘The Shorty.’ Guzmán’s brazen escape from a high-security Mexican prison in 2014 was detailed in one of our earlier blogs.

He was recaptured earlier this week after nearly 6 months on the run, with U.S. and Mexican authorities hailing the arrest as a massive win in the war against drugs.

Who is Guzman?

As leader of the notorious Sinaloa Cartel, Guzmán regularly ranks as one of the world’s most powerful drug traffickers – with the Drug Enforcement Adminstration (DEA) naming him ‘the godfather of the drug world’ and claiming he is even more influential than Pablo Escobar.

The Sinaloa Cartel is renowned for smuggling huge quantities of methamphetamine, marijuana, ecstasy, cocaine and heroin into the United States, and Guzmán himself is believed to have smuggled more drugs into the U.S than anyone else in history.

If those claims are true, some might think that Guzmán’s arrest will help win the fight against drugs – but in reality, it will have little or no impact.

Here’s are just a few reasons why:

1. Guzmán Can Run His Empire Behind Bars

Prison is supposed to deter people from committing crimes – but not in Guzmán’s case. He spent over seven years in prison prior to his first escape in 2001 – during which his empire flourished.

Guzmán has the ability to control his operations from behind bars, aided by his brother – and he uses the corrupt Mexican prison system to his advantage, even bribing guards to help orchestrate his first escape.

This is simply a case where prison will act as no deterrence either for other drug lords (because they have no regard for the law anyhow) or the powerful Guzmán himself.

2. The Laws of Supply and Demand

From an economic perspective, arresting one of the big drug kingpins will do little to stop the drug trade.

Even if Guzmán’s arrest leads to a decrease in supply, drug users will be willing to pay a premium to source their drugs elsewhere – which, in turn, will fund further drug activity.

For users – especially those who use highly addictive substances such as cocaine, ice or heroin – drugs are a lifeblood for survival, just like food and water. Simply taking away one drug source and jacking up prices won’t impact on whether they will be purchased.

This is one of the reasons why the war on drugs is so ineffective compared to harm minimisation strategies. Drug users will continue to take drugs regardless of the risk or price, so our best bet is reducing the harm associated with drug use through better regulation and the provision of adequate health services.

3. There Are Plenty of Other Cartels Out There

While the Sinaloa Cartel is widely regarded as the biggest, the fact remains that there are plenty of other powerful drug cartels which are more than capable of supplying drugs to the United States.

The Los Zetas, Gulf, Tijuana, Knights Templar and Juárez cartels each control major trafficking routes between the United States and Mexico – and there are dozens of other major cartels scattered throughout South and Central America. Even if the Sinaloa Cartel were disbanded, another would simply step into its place.

Indeed, history has many examples of this occurring. For instance, when the once-powerful Tijuana cartel was fragmented during early 21st century, the Sinaloa cartel simply stepped in to fill the gaps. The same fate will likely befall the Sinaloa cartel if it is affected by Guzmán’s recapture: another rival cartel will simply seize the opportunity to gain new territory.

For those and other reasons, the US Department of Homeland Security admitted in 2001 that ‘there is no perceptible pattern that correlates either a decrease or increase in drug seizures due to the removal of key [drug cartel] personnel.’

January 10, 2016 Drug Cultivation
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The Holiday Home from Hell

It was supposed to be a relaxing summer holiday on the Gold Coast – but family man Dieter Winkler, his wife and their five children were shocked to discover that the Burleigh Heads cottage they had rented was a drug den.

The family were preparing to enjoy a barbecue when 10 armed police officers smashed down the door and raided the property. After being interrogated for five hours and having their possessions ‘ramsacked,’ the Winklers were stunned to discover the secret behind a locked room – which a female owner had told them was ‘off-limits’ due to an electrical fault.

The room, which was located next to the bedroom shared by his five children – housed eight cannabis plants in an extensive hydroponic set up. Authorities described the room as a ‘fire waiting to happen’ due to dodgy electrical wiring which fed lights 24 hours a day.

According to Mr Winkler, police claimed to be unaware that the property was being rented out to holidaymakers; which raises questions about the quality of intelligence checking, investigation and surveillance techniques.

Mr Winkler said his family were treated like criminals, with his children – the youngest aged 9 – and 72-year-old mother, witnessing the terrifying raid.

Police have used the incident to highlight the risks of renting properties from unknown owners, with a police spokesperson stating that ‘people need to understand that you don’t know who the homeowner is, or if you’re renting a room who you could be staying with.’

The holiday rental company AirBnB agreed to reimburse the Winklers the $1800 paid for rental– as well as $2,600 spent to secure alternative last minute accommodation elsewhere.

But the experience ruined the family’s first get together in two years, with Mr Winkler describing it as ‘the worst holiday’ and vowing to never use Airbnb again.

Homeowners Fall Victim to Drug Cultivating Tenants

On the flip side, a Victorian man found his investment property trashed and abandoned by drug cultivators late last year.

29-year-old Trent Lister purchased the Geelong property with his mother and partner, but upon returning to conduct a routine inspection in August, discovered that the previous tenants had rewired electrical circuits, removed cupboards and fixtures, and cut holes in walls, floors and the roof. Doors had been ripped out to make way for plants, and water had been redirected around the house.

The occupants had then absconded, leaving Mr Lister to pay thousands of dollars for the damage cause. He says that his family may face bankruptcy due to the high cost of repairs.

Mr Lister says that he conducted all necessary background checks prior to renting the property – he had met with the tenants, obtained copies of their driver licences and details of their previous rental history. But the licences and rental history turned out to be false.

While taking taken DNA samples from the house, police advised Mr Lister that they are unlikely to catch the culprits.

Knowing the Law

Residents and homeowners who use property to produce, supply or cultivate commercial quantities of illicit drugs can face heavy penalties under the law.

Properties used to manufacture or cultivate drugs fall within the definition of ‘drug premises’ under the Drug Misuse and Trafficking Act 1985.

Apart from the presence of drugs, a court can look at the following factors when deciding whether a particular property is a ‘drug premises’:

  • The fact that a police officer who was authorised to enter the premises was prevented or obstructed from doing so;
  • Evidence of doors being fitted with bolts, bars, chains or other devices to obstruct entry;
  • Evidence of a person acting as a lookout to warn persons of police officers or other persons;
  • Evidence of syringes or other devices used for the supply, manufacture or use of a prohibited drug;
  • Evidence of unlawful firearms or prohibited weapons;
  • Evidence of large amounts of money that cannot be accounted for by the owner or occupier;
  • Evidence of persons on the premises being affected by drugs;
  • Evidence of drug cultivation equipment such as high powered lights, fluorescent lights, light units and growing chambers;
  • Fans and vents installed in unusual spots;
  • Evidence of high electricity consumption;
  • Evidence that electricity is being sourced from an illegal source;\Evidence of prohibited plants or seeds being found on the premises.

Property owners who knowingly allow another to use their property as ‘drug premises’ face a maximum penalty of 12 months imprisonment and/or a fine of $5,500 under section 36Y of the Act. For a second or subsequent offence, the penalty increases to 5 years imprisonment and/or a fine of $55,000.

Organising, conducting or assisting with the organisation of drug premises is an offence which carries the same penalties. A person can be found guilty of this offence there is sufficient evidence to show that they acted as a lookout, guard, or door attendant at the premises.

Even simply entering or being on premises which you know are being used as drug premises can result in these heavy penalties, unless you are able to establish that you were on, or entering or leaving the premises, for a lawful purpose or with a lawful excuse.

January 07, 2016 Drug Possession, Drug Supply
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Police Minister Wants to Ban Music Festivals

Another festival, another overdose.

On New Year’s Day, the Sydney music community was shaken by the news that a 23-year-old woman had been hospitalised after consuming MDMA at the Field Day music festival.

Thankfully, the woman was discharged earlier this week and is expected to make a full recovery.

The incident is the latest in a string of drug-related overdoses, with two revellers tragically passing away after consuming drugs at Stereosonic.

In response, the NSW government is reportedly considering banning festivals altogether.

Speaking to the media earlier this week, NSW Police Minister Troy Grant said that music festivals could ‘potentially be shut down,’ and ‘ultimately, if the events continue to cause deaths…the festivals will write their own script.’ He has expressed support for the idea of music festivals being made a thing of the past.

But the proposal has attracted widespread criticism from musicians, festival organisers and patrons alike.

Organisers Hit With Criticism

Following the latest overdose, Police Minister Grant lashed out at festival organiser Fuzzy – which runs Field Day, Harbourlife and Listen Out – saying:

‘Festival organisers have a duty of care to look after patrons and the ball is now in their court to tell worried parents and grieving families what steps they are taking to improve the situation.

The government is reviewing the system of regulating events held on public land, including the process for granting permits for events such as music festivals.’

But Fuzzy has hit back by saying that it, ‘has always made health and safety a priority which is approved by government stakeholders and also communicated to our customers via ticket holder emails, patron maps, the event app and dedicated event website.’

Those who regularly attend music festivals would no doubt be aware of the lengths organisers take to make events safe for all parties. Triple J’s Hack program reported that at this year’s Field Day event, there were 34 medical staff, 6 ambulance staff, and 26 Red Cross harm minimisation staff in attendance – as well as three dedicated “chill out” bars and 76 free water points (vastly more the 9 that are required by the festival’s liquor licence).

Is There Really a Drug Problem?

Festival organisers also deny that drugs are a major problem, saying that the number of patrons seeking medical attention for alcohol consumption far exceeds those seeking treatment for drugs.

Approximately 28,000 people attended Field Day this year – and over 200 are estimated to have received medical attention at the event, with five hospitalised.

But of those, only 13 (or 0.0005% of attendees) sought treatment for drug use.

Alcohol is widely available at the events, and an estimated 14 people sought treatment for intoxication.

Field Day organisers contend media statistics are an inaccurate representation of medical assistance provided at the event. According to Fuzzy, around 180 people sought treatment for minor injuries which were not alcohol or drug related – such as minor cuts, sunscreen in eyes, and paracetamol – not for drug use.

Is Banning Festivals the Right Solution?

As discussed in many of our previous blogs, the Australian government has backed the prohibition of drugs for decades; spending billions of taxpayer dollars on ineffective advertising campaigns, police and law enforcement efforts.

Despite this, there has been no reduction in the number of people using drugs: the 2015 Australian National Drug Strategy Household Survey found that 27% of Australians aged between 20 and 29 had used drugs in the past year, with 8% using ecstasy.

At this year’s Field Day festival, 214 people were charged with drug offences, with three charged with drug supply. This was despite attendees being warned about the presence of police officers and drug detection dogs well in advance.

Drug experts concede that festivalgoers will continue to use drugs despite the risks. Will Tregonning from drug education group Unharm told the media:

‘People are going to use drugs anyway, not knowing what they’re taking. We want to provide that at-risk group of people, already about to use drugs, info about the drugs they’re intending to consume, and give them info around the risks of consuming that substance.’

However, many have questioned the utility of banning music festivals altogether, given the fact that the vast majority of people attend and have a great time without incident. The government has been asked to rethink its approach by holding an inquiry into festival deaths, instead of rushing to ban them altogether.

Acting Opposition Leader Linda Burney has voiced her support for an inquiry, saying:

‘Tough talking is all very well but the talking needs to be done with people who understand the challenges, who organise festivals, and to young people…Banning festivals is not the answer but understanding the challenges [is], and the parliamentary inquiry will provide that.’

She says that alternative solutions, such as better education about the dangers of using drugs, as well as drug detection procedures, should be examined by the inquiry.

Others have suggested that banning music festivals could do more harm than good – Australian electronic band The Presets released a statement on social media this week calling idea ‘nuts.’

Many believe that banning festivals would result in illegal underground festivals flourishing – where there would be no medical supervision or drug detection operations.

Deaths due to drug use are an obvious concern, but banning festivals does not appear to be the answer.

Before jumping the gun, perhaps the government should consider implementing policies which treat drug use as a health concern, rather than a crime – such as pill testing, which has already proven to be effective way of reducing drug related deaths at festivals in many European countries.

December 31, 2015 Drug Possession, Drug Supply
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Don’t Party Before Reading This!

With the festival season well and truly here, thousands of partygoers are getting ready to have the time of their lives all over Australia.

But as usual, police and sniffer dogs will be out in force trying to detect and prosecute those who try bringing drugs into events

So here are our top ten tips about your rights when approached by police at festivals and other events:

1. Make sure police have a right to search

Police are only allowed to search you if they ‘suspect on reasonable grounds’ that you have drugs or a dangerous item on you at that particular time, or that you have committed, or are about to commit, an offence.

Police may seem intimidating, and may often try to use their authority to coerce you into submitting to a search based on observations that they may make.

But it’s important to keep your cool – in many situations police will not have ‘reasonable suspicion’ to conduct a legal search.

For example, just appearing nervous, sweating, or fidgeting will not be enough to constitute a ‘reasonable suspicion’ – not even if you are in an area that is known for drug activity.

On the other hand, a sniffer dog sitting next to you is generally considered to amount to reasonable suspicion – despite a recent survey suggesting that up to 75% of all positive indications from sniffer dogs are false – as long as there are additional factors over and above just the positive indication itself.

If police stop you, you should ask calmly ask ‘could you please tell me why I am I being stopped?’

If they ask if they can search you, it’s best to politely say, ‘No, I don’t wish to be searched.’

If police search you without the required suspicion and find a small amount of drugs, there is a good chance that they will need to drop the case or, if they refuse to drop it, that the case will be thrown out of court.

In some cases, your lawyer may even be able to obtain an order for police to pay your legal costs.

So if police stop and ask to search you – always ask why.

They will probably say something like, ‘we believe that you are carrying drugs’ – in which case you should ask, ‘on what grounds?’

Ensure that you record their responses.

2. Give police your details

While you aren’t technically obliged to give police your details (name and address) unless you are arrested or reasonably suspected of committing or witnessing a crime, it’s often a good idea to do so if asked.

By giving police your details, you can ensure that the process runs smoothly – as sometimes, a refusal to provide details may suggest that you have a ‘guilty conscience.’

However, remember that you don’t have any obligation to answer questions that police ask you, and in most cases it’s actually better not to answer by saying something like ‘I don’t wish to answer’, as you may end up saying something that may incriminate you or your friends.

3. Don’t hide drugs in your hair or mouth

Sometimes, your mates might suggest that you hide drugs in your hair or mouth in order to avoid detection when searched.

However this isn’t a good idea – under the law, police have the power to ask you to open your mouth or shake or move your hair if they reasonably suspect that you are concealing drugs.

If you fail to comply with these requests, you could be fined up to $550.

Despite this, police do not have the power to forcibly open your mouth.

4. Remain calm

Police can be infuriating to deal with – and in some instances they may even provoke you to try and get a response.

But no matter what they do, it’s important to remain calm and not become aggressive or abusive.

Keeping a level-head will help you in the long run – if you lash out or abuse police, you may be charged with an offence such as ‘assaulting police’ or ‘resisting police’, which carry heavy penalties.

5. Record the incident

If you’re stopped by police, get a friend to record the incident on their phone.

If you end up being charged, this can prevent police from inserting inaccurate or incorrect information into their statements, which may be detrimental to your case.

If they do insert untruths, the footage can discredit their version of the events.

However, if you do get a friend to film, make sure that they do not hinder police or interfere with what they are doing, as this can give rise to additional charges.

6. Be aware of the charge of ‘deemed supply’

Did you know that you can be charged with drug supply if you are caught with a certain amount of drugs upon you (known as the ‘traffickable quantity’ of drugs) – even if police have no other evidence to suggest that you were actually supplying drugs to other people?

This is known as ‘deemed supply.’

It means that police can charge you with drug supply, which is more serious than drug possession, if you are caught with:

– 0.75 grams or more of Ecstacy/MDMA (which can be just 2 or 3 pills)

– 3 grams or more of heroin, cocaine or amphetamines

– 300 grams or more of cannabis

If you are charged with deemed supply, your lawyer will have to prove on the balance of probabilities (more than 50%) that the drugs were on your for something other than supply eg for personal use only.

In that case, your lawyer can write to police and formally request that they drop the supply charge or downgrade it to drug possession.

7. Stay silent if drugs are found

It’s important to remember that you have no obligation to speak to police or answer any of their questions.

It’s particularly important to remain silent if drugs are found upon you, as you might end up saying something that you will later regret, or that may give rise to more serious charges such as drug supply.

For example, you could be charged with drug supply if you tell police that you intended to share the drugs with friends or to give some away for free.

Remember, anything that you say to police can be used against you.

8. Know about the cannabis cautioning scheme

For minor cannabis possession offence, NSW police have the discretion to deal with the matter by way of a ‘cannabis caution.’

This is essentially a warning given to you by police about the use of cannabis, with information about the legal and health consequences of cannabis use.

It will not appear on your criminal record.

If you are issued with a second cannabis caution, you will be required to attend a mandatory education session with the Alcohol and Drug Information Service.

It’s important to remember that police may still choose to issue you with a court attendance notice if you are caught with cannabis upon you – it is up to them how they will deal with the matter.

And cannabis cautions cannot be issued where you are suspected of supplying cannabis to other people.

9. If you are arrested, don’t resist

If arrested, it’s important to stay calm and not fight back.

If you resist, you may be charged with ‘resisting arrest,’ which carries further penalties.

You may be charged with ‘resisting arrest’ if you try to run away or even if you just pull your arms away when police are trying to detain you.

You may be charged with ‘assaulting police’ if you lash out and kick, hit or spit at police officers.

It’s important to be aware of your arrest rights.

If police don’t comply with proper procedures, you can make a complaint to the Ombudsman or even seek to commence proceedings for unlawful arrest or false imprisonment.

10. It’s not the end of the world

Finally, if you do get caught, it’s not the end of the world!

Thousands of people are charged with drug possession and drug supply every year, and with the help of highly experienced drug lawyers, you can avoid a criminal conviction altogether in many cases.

Our specialist drug defence team frequently obtains ‘section 10 dismissals and conditional release orders’ in drug cases, which is where you are guilty but no conviction is recorded against your name– so that you won’t have to bear the burden of a criminal record affecting your future.

We have even achieved ‘non conviction orders’ in relatively serious cases – including supplying 20 ecstacy pills.

In some cases, we are able to get drug charges dropped at an early stage by carefully examining the case and finding problems – such as when an illegal search has taken place or where police cannot prove ‘exclusive possession’.

In drug supply cases, we often get the charges downgraded to ‘drug possession’ – which can increase your chance of avoiding a conviction.

So if you do get picked up with drugs upon at a festival, our dedicated lawyers will be here to help, 24 hours a day/ 7 days a week.

Most importantly – stay safe, look after your mates and party hard!

December 27, 2015 Drug Possession, Drug Supply
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Sniffer Dogs and Random Drug Testing Over New Year’s

2016 is just around the corner – and many of us will have exciting plans to reign in the New Year with family and friends.

But the silly comes with an increased police presence – with roadside drug testing operations and sniffer dogs out in force.

So when you head out to celebrate, be informed, know your rights and stay safe!

Random Drug Testing

You may have seen TV ads warning drivers of the increase in random drug testing.

As discussed in a recent blog, the NSW Police Force has ramped up its roadside drug testing efforts and high numbers of motorists are testing positive to driving will illicit drugs in their system.

While RDT was previously ‘centralised’ in Western Sydney – meaning that drivers outside that area were less likely to be tested – a new, decentralised system means that all highway patrol and general duties police cars are being equipped with drug testing kits.

The kits consist of a swab which tests for the presence of cannabis, ecstasy and methamphetamines – and unlike random breath testing, very small traces of drugs in your system can get you into trouble. In fact, you may test positive and be charged with drug driving even if you haven’t consumed drugs for several days.

Drug driving carries a maximum penalty of $1,100 and an ‘automatic’ disqualification from driving of 6 months, which can be reduced to three months if there are solid reasons to do so – such as a strong need for a licence for work and family commitments, and an otherwise good driving record.

A finding of guilt may also result in a conviction on your criminal record – so if you do take drugs during the New Year’s break, it’s best to either take public transport, a taxi or Uber, or let someone else drive.

Rights When Suspected of Possessing Drugs

New Year’s also signals the start of several music festivals – with Falls Festival, Lost Paradise and Field Day kicking off in coming days.

This means that police and sniffer dogs will be out in full force in a bid to crack down on drug users – so it pays to know your rights when approached by police.

Police can’t just search you for any reason – they must have a ‘suspicion on reasonable grounds’ that you are in possession of drugs at that particular time.

As discussed in previous blogs, a positive indication by a sniffer dog combined with other factors may be enough to give rise to a ‘reasonable suspicion’.

Those heading to Falls and Lost Paradise should be aware that police plan to search cars that are entering the festivals. A statement issued by Falls Festival on their website reads:

‘Staff, police, sniffer dogs and security will be searching ALL cars on arrival. Harsh penalties include[e] immediate ejection from the event, fines and possible criminal charges.’

So, think twice before you decide to bring drugs to a festival!

Penalties for Drug Possession

The maximum penalty for drug possession is 2 years imprisonment and/or a fine of $2,200. You will also receive a criminal record if you are convicted, which can affect your employment or travel in the future.

However, a good drug lawyer may be able to persuade the court not to record a conviction against your name even if you wish to plead guilty.

If you are caught with 15 grams of cannabis or less, police have the discretion to issue a ‘cannabis caution’ instead of sending you to court. This is a formal ‘warning’ which does not go on your criminal record. Police are able to issue a maximum of two cautions before they must charge you with drug possession and send you to court.

‘Deemed Supply’

Police are able to charge you with drug supply if there is no evidence that you supplied drugs, or that you intended to supply drugs to anyone.

This is known as ‘deemed supply’. You can be charged with deemed supply if you have more than the trafficable quantity of drugs in your possession.

Here are the trafficable quantities of some of the more popular illicit drugs:

  • Cannabis: 300 grams
  • Cocaine: 3 grams
  • Amphetamines: 3 grams
  • Heroin: 3 grams
  • MDMA/ecstasy: 0.75 grams

The maximum penalties which apply depend on the type and amount of drug, and whether the case stays in the local court or goes up to a higher court.

If you end up in trouble…

If you are charged with a drug offence, getting a good drug lawyer on your side can make a world of difference.

For example, if you have been charged with drug possession or supply, an experienced drug lawyer can fight to have the case dropped on the grounds of an illegal search or a range of other reasons.

If you are charged with ‘deemed supply’ and admit that you possessed the drugs, a specialist lawyer can have the charge reduced to ‘drug possession’; which carries less serious penalties.

In cases where you are concerned about getting a criminal record, a good lawyer may be able to persuade the court to allow you to remain conviction-free.

To book a FREE first conference with our expert drug lawyers now, call us anytime on (02) 9264 5778 – we represent clients in all NSW courts.

December 24, 2015 Drug Importation, Drug Manufacture, Drug Supply
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Top 5 Dumbest Drug Offenders

Smuggling and dealing drugs is a risky business – so naturally you would assume that those who do it would take extra precautions to prevent them from getting caught, right?

Wrong!

Here we share the stories of five of the dumbest drug offenders.

1. Water Leak Leads to Drug Bust

Police had already received reports of suspicious people entering and leaving unemployed bodybuilder Bektash Keshavarzi’s Ryde apartment – but his operation unravelled spectacularly when a downstairs neighbour reported a water leak emanating from his unit.

Police obtained a warrant to search the unit; only to discover that it was completely empty – except for several safes, heightening police suspicions and triggering a surveillance operation. The apartment was leased to Mr Keshavarzi under a false name – and police soon discovered that Keshavarzi was renting a number of other apartments on Sydney’s north shore, well beyond his means.

Upon searching a property in Gladesville, police found a large amount of drugs including 88 kilograms of methamphetamine (‘ice’) and $330,090 in cash, as well as quantities of pseudoephedrine – a precursor used in the manufacture of methamphetamine. A raid on his unit at Mowbray Road, Artarmon also uncovered a number of false identity documents and over $12,000 in cash.

It is one of the biggest drug busts in Sydney in recent times.

Keshavarzi was charged with manufacturing a large commercial quantity of methylamphetamine, supplying a large commercial quantity of MDMA, and numerous fraud offences.

He appeared before Sydney’s Central Local Court last week, where he was granted strict conditional bail subject to $1 million security.

The DPP has reportedly made a ‘detention application’ to the Supreme Court in an attempt to keep him behind bars.

2. Drug Mule Narrowly Escapes Death

48-year-old British man Colmin Smith may not be the sharpest tool in the shed – but he’s a very lucky man.

Smith made the dangerous decision ingest 239 grams of cocaine packed inside 61 pellets in an attempt to smuggle the drugs from Antigua to London.

But shortly after takeoff, one of the pellets burst inside his stomach. He was able to alert a flight attendant to his sticky situation before losing consciousness.

The plane was forced to make an emergency landing in Bermuda, and Mr Smith was rushed to hospital to have the packets removed. Thankfully, he survived the surgery and was able to make it to Court, where he was convicted of just one charge of possession and fined £471.

According to police, he could only be charged with possession because there was no evidence to suggest he intended to sell or smuggle the drugs to Bermuda.

3. ‘Breaking Bad’ Drug Manufacturer Caught

A Victorian woman who operated a ‘Breaking Bad’ style laboratory – out of a hotel room – was caught after police raided her room, finding a variety of lab equipment and chemicals.

25-year-old Melinda Hansen was charged with drug trafficking and possessing drug manufacturing equipment and documents.

Police reportedly found a wealth of evidence against the woman – including selfies which depicted her with large amounts of drugs and cash.

Numerous text messages exchanged between Ms Hansen and other individuals allegedly supporting allegations that she was a dealer.

4. Drug Dealer Posts Photo of Himself Supplying Drugs to Police

Showing off your stash is not the smartest way to run a drug operation – as one Florida man learned the hard way.

21-year-old male stripper Taylor Harrison made the fateful decision of snapping selfies of him sitting in his car topless, with a pile of cannabis and cash on his lap.

Unbeknownst to him, police were parked right next to him, witnessing the entire photoshoot.

To make matters worse, Harrison then attempted to sell drugs to the police officer, and even managed to snap a photo of the exchange taking place – which he shared on Facebook.

Police arrested and charged him with drug supply, and shared his mugshot on their Facebook page, noting: ‘Since Taylor was kind enough to share photos of us on his Facebook page, we thought we would share these photos of Taylor on our page.’

5. Man Lists ‘Drug Dealer’ as Occupation

25-year-old Richard Phillips’ day started on a bad note after he cut off a police car in traffic.

But things soon went from bad to worse after police followed and observed him dealing drugs.

He was arrested and taken back to the police station, where he was asked to fill out his arrest forms. But in an inexplicable act of stupidity, he listed ‘drug dealer’ as his occupation on the forms.

It later transpired that the car he was driving was stolen.

He was charged with a number of offences, including stealing a vehicle and drug supply.

December 20, 2015 Drug Possession
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‘Stoner Sloth’: Australia’s Worst Anti-Drug Campaign?

The Australian government is known for its ‘hit and miss’ anti-drug campaigns.

First, there was the notorious ‘anti-ecstasy’ campaign, which saw bus shelters and billboards adorned with pictures of filthy toilets in a bid to educate users about the conditions in which ecstasy is made.

Although the campaign aimed to educate users about the dangers of ecstasy, many pointed out that legalising the drug would address the issue by ensuring manufacturers were subject to strict government controls on the use of fillers, manufacturing conditions and purity levels.

Drug reformist express the view that the expensive advertising campaign merely illustrated the problems associated with forcing users to obtain drugs through the black market.

More recently, the government unveiled its controversial ‘Dob in a Drug Dealer’ campaign, encouraging the public to report drug-related activity. The initiative attracted strong criticism from organisations such as the NSW Bar Association, which released a paper suggesting it would be ineffective in addressing drug use and availability.

But the government’s latest investment is perhaps its biggest failure yet.

‘You’re Worse on Weed’

Dubbed the ‘Stoner Sloth: You’re Worse on Weed,’ the campaign consists of several videos featuring people dressed in adult-sized sloth costumes attempting to navigate various social situations – but failing because they are affected by cannabis.

In one video, a sloth named ‘Dave’ struggles to make conversation with a group of friends at a party, before they walk away, disgusted with his drug-affected state.

In another, ‘Jason’ the sloth is unable to pass the salt at a family dinner, instead passing his mother a bowl of salad.

The full compilation of Stoner Sloth videos can be viewed here.

The videos have been disseminated under the hashtags #stonersloth, #youreworseonweed, #fail, #stoned and #baked in an attempt to make them ‘go viral’. A website for the campaign has also been set up, with links to information about drugs and their effect on the body.

But instead of educating people, the campaign has attracted widespread ridicule, with some even asking whether it is the government’s attempt at a joke.

One of the comments on the campaign’s Facebook page said: ‘I literally can’t tell if it’s satire or legit,’ while another read, ‘I really need some weed to fully enjoy this.’

Others have suggested that it encourages drug use because sloths are ‘the already-existing symbol for getting unashamedly, catastrophically stoned.’

But a government spokesperson has confirmed the legitimacy of the campaign, saying:

‘The campaign is designed to appeal to, and be ‘shareable’ among teenagers, who are some of the most vulnerable to cannabis use…We know that younger audiences respond more to campaigns highlighting the short-term consequences of their actions.’

Ironically, an article published by ‘Junkee’ points out that ‘Stoner Sloth’ is in fact the name of an online shop which sells marijuana pipes, bongs and even hydroponic growing equipment. The shop promotes dispensaries in the United States, as well as ‘smoker-friendly tourism.’

On a more serious note, some members of the public have expressed their concern that the campaign is a waste of taxpayer money.

It is unclear how much the government has spent on the campaign, but previous anti-drug campaigns have been estimated to cost hundreds of thousands or even millions of dollars – money that could be better spent on drug treatment, rehabilitation and diversionary programs.

Drug experts overwhelmingly express the view that scare campaigns fail to deter drug use – and that the government should invest taxpayer funds on promoting safe drug use through educative and harm minimisation measures.

But it seems that time and time again, these recommendations are ignored in favour of an expensive yet ineffective campaigns, and punitive approach to drug use.

December 17, 2015 Drug Possession
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Should Police Give Cautions for Small Drug Possession?

Each year, thousands of people come before courts all over NSW for a range of drug offences. Drug possession is one of the most common offences across the state, second only to drink driving.

BOCSAR statistics reveal that last year, over 41,000 people were found guilty of drug possession in NSW alone.

Particularly at this time of year, when several music events such as Harbourlife and Stereosonic are being held, thousands of young people are sent to court for minor drug offences, many of whom have never previously had contact with the criminal justice system, and will never again.

These cases are clogging up the court system, and it seems that the only ones benefiting are criminal defence lawyers.

That being so, it is worth considering whether police and community resources are being wasted by sending drug users to court.

The Cannabis Cautioning Scheme:

The Cannabis Cautioning Scheme allows police to exercise discretion when they find a person with a small amount of cannabis (15 grams or less). The Scheme does not apply to people who are found to be manufacturing or supplying cannabis.

Police can choose to issue a ‘caution’ instead of a Court Attendance Notice, meaning that the person will not have to front court and go through the criminal justice system. It also means that police will not need to prepare court paperwork, or prepare statements and attend court if the person pleads not guilty.

Only two cautions can be given to each person, and he or she cannot be cautioned if they have prior convictions for drug offences, or violent or sexual offences.

The Scheme allows police an alternative to deal with drug users, recognising that simply arresting and bringing people before the courts can be time-consuming, and even counter-productive.

Penalties for Drug Possession

Drug possession carries a maximum penalty of two years imprisonment and/or a $2,200 fine under section 10 of the Drug Misuse and Trafficking Act 1985 NSW.

While hardly anyone goes to prison simply for possessing drugs, all convictions carry a criminal record, which can have serious and far-reaching consequences for employment, travel and the stigma attached to them.

In reality, however, many people with no prior record will receive a ‘section 10 dismissal or conditional release order’, which means no prison, no fine and no criminal record.

Ineffectiveness of Court Proceedings

Given the fact that a large proportion of those caught with drugs avoid a criminal record – and that those who receive convictions can become stigmatised, lose their jobs and steer further towards the wrong path – it may be time to re-evaluate how the criminal justice system deals with first-time, minor drug offenders.

If those who are guilty are most often given a second chance, and the legal system has to expend valuable time and resources on court proceedings, it is arguably an inefficient way to deal with those caught in possession of drugs.

Benefits of the Scheme

The Cannabis Cautioning Scheme has been in place since 2000, following recommendations by the NSW Drug Summit. It has proved effective in dealing with those caught using drugs, with most of those given a caution not reoffending.

Treatment is built into the Scheme, with those receiving a second caution required to participate in an Alcohol and Drug Information Service to receive help to overcome their drug use.

The Scheme has been effective at diverting people from the courts, and allowing for better allocation of taxpayer money. One evaluation of the Scheme in 2004 noted the positive signs, and in 2011 the Scheme was deemed a success in all of its intended objectives.

For instance, the 2011 audit found that those who were cautioned were less likely to end up in court compared to those who were convicted. In addition, the Scheme was found to have saved the taxpayers $20 million, and avoided thousands of unnecessary court cases.

Given the Scheme’s success, there is a strong argument that it should extend to those in possession of small amounts of other prohibited drugs as well.

December 13, 2015 Drug Cultivation
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Australia’s First Legal Marijuana Plantation is on Its Way

Christmas Island is best known as home to one of Australia’s many detention centres – but it could soon be the site of Australia’s first medicinal cannabis plantation.

Australian company AusCann announced this week that it is close to an agreement with the Island’s 2000-strong population to plant a ‘trial crop,’ with seeds likely to be sown in late 2016.

The first batch of plants is likely to include five different varieties of cannabis, which have been sourced from Spanish company Phytoplant Research, with which it has established an exclusive partnership.

The move follows a recent Federal Government announcement that certain groups will be granted special permits to grow plants for medicinal and scientific purposes.

The company also announced plans to list on the ASX early next year, after raising $3 million. The funds will be used to continue research and development on the Christmas Island plantation.

AusCann’s managing director Elaine Darby told the media that Christmas Island had been chosen because of its unique environment, which makes it ideal for cannabis growth:

‘We have carefully selected Christmas Island for its isolation, climate and security…In particular, we note that the amount of available daylight hours is critical to triggering cannabis plant flowering. Christmas Island experiences minimal changes to its daylight hours, so it is feasible that we could produce two crops each year.’

According to Ms Darby, their plan has full support from the locals, who will benefit from the employment opportunities and economic value of the venture.

Tasmania is also being eyed off as a potential site for a plantation, with the NSW government entering into a partnership with the State to enable it to grow cannabis for medicinal marijuana trials. The State has previously had great success in growing poppy crops for the production of medical opioids.

On Thursday, NSW Premier Mike Baird and Tasmanian Premier Will Hodgman signed a Memorandum of Understanding outlining the partnership between the two states.

However, the location of any proposed plantations and the size of the crops is yet to be decided.

About AusCann

AusCann states that it ‘seeks to become a licensed producer supplying the global industry and local markets when legislation permits in Australian and other jurisdictions.’

It claims to be Australia’s leading group in the global medicinal cannabis sector.

It is headed by Dr Mal Washer, a former House of Representatives Liberal MP who practised as a doctor before entering politics. He previously chaired the Alcohol and Other Drug Council of Australia, and been a vocal advocate for medicinal cannabis.

The company seeks to capitalise on the benefits of cannabis in treating chronic pain and a range of illnesses, including multiple sclerosis, arthritis, and childhood epilepsy.

Company’s Plans Clinical Trials

AusCann’s initiative will be complemented by several Australian trials, which aim to explore the therapeutic benefits of cannabis. These include a series of trials set to begin in 2016 to determine the effectiveness of using cannabis to treat childhood epilepsy.

Currently, parents of children who suffer from chronic illnesses are forced to break the law to obtain cannabis-based treatments – meaning they could face criminal charges for drug possession, or supplying an illicit drug to a minor.

Earlier this year, Queensland father Adam Koessler was charged with both offences after he gave his daughter Rumer cannabis oil while she was in hospital being treated for a serious form of cancer. He was also prohibited from seeing his daughter, and is now only allowed to see her if a doctor is also in attendance.

Desperate parents such as Adam – together with those who suffer from serious illnesses – hope that the initiatives of companies like AusCann are a positive indication of things to come.