Drug Possession

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Drug Possession

Drug possession is an offence under Section 10 of the Drugs (Misuse and Trafficking) Act. To be found guilty of drug possession, the prosecution needs to demonstrate that you had an illicit drug in your possession, custody or control at the time of the alleged offence. The drug doesn’t have to be yours. You can be holding it for a friend, or it could have been planted on you or in your car or room without your knowledge. Drug possession is a summary offence, which means it will be dealt with in the local court.

Pleading Not Guilty

To be found guilty of drug possession, the prosecution needs to show that you had an illegal drug in your possession and you were aware, or should have reasonably been aware, that the drug was present. If the drug was not in your possession at the time of the alleged offence, or you were unaware that you had an illegal drug in your possession, you may be found not guilty. If you choose to plead not guilty to a charge of drug possession, the matter will go to a defended hearing, and you will be required to provide evidence to support your plea.



Your best defence will depend on the circumstances surrounding the charges and whether you have previously been charged with drug possession or any other drug-related offences. To successfully defend yourself against a charge of drug possession, you need to create reasonable doubt that you were in possession of a prohibited drug, or that you were aware of it at the time.


Pleading Guilty

If you agree to the charges made against you, it is often a good idea to plead guilty. Pleading guilty shows that you accept responsibility and allows you to demonstrate your remorse. This can help encourage the magistrate to look favourably on you and help you get a better outcome. If you plead guilty, you may be able to avoid conviction altogether. Drug possession charges are often dealt with under a Section 10, which is a finding of guilt with no conviction.



As drug possession is a summary offence, it comes with a maximum penalty of a $2,200 fine, or two years’ imprisonment. Other penalties you may face include: – A good behaviour bond – A community service order – A suspended sentence – An intensive correction order – Home detention


Why Sydney Drug Lawyers

Drug possession may seem like a minor offence, however it can result in a criminal record, which can impact your ability to work and travel.

However, the team at Sydney Drug Lawyers can help you avoid these serious consequences. Our expert knowledge of drug law, combined with our years of experience fighting possession matters allows us to obtain the best possible outcome in every case. In many possession cases, we’ve been able to obtain ‘section 10s,’ which is where you are found guilty of the offence but no conviction is recorded – leaving you free to work and travel as you please.

For any questions about drug possession NSW charges, or if you need legal advice and representation, please contact us today. Our highly experienced drug lawyers can help you get the best possible outcome for your drug possession charges.


Recent Drug Possession Cases

Our expert defence team recently represented nine clients who were charged with drug possession at Stereosonic 2014. Our clients came from all walks of life and held jobs in various fields. Three of them were also students. Each of our clients had been caught with between 2 and 9 ecstasy pills. One of those clients received two drug possession charges as he was caught with 7 ecstasy pills and a little over 1 gram of cocaine. All of our clients wished to plead guilty and our expert drug defence lawyers represented them at each court date, as well as the final sentencing hearing. As always, our lawyers spent considerable amounts of time working on each case and preparing compelling sentencing submissions which emphasised the need for a lenient penalty. Despite the fact that some of our clients were caught with numerous pills, our outstanding advocates were able to persuade the magistrate in Burwood Local Court to impose section 10s in every case. This means that while the court accepted their guilty pleas, the offence was not recorded on their criminal records. Our clients therefore avoided the negative consequences which can flow from having a criminal record.
The annual Harbourlife Music Festival was held on the 8th of November this year.

Three of our clients were charged with drug possession after police found various types of drugs upon them, including 7 ecstasy pills, marijuana, cocaine and ice.

Thankfully, our highly experienced senior drug lawyers took the time to carefully prepare ‘sentencing submissions’ which emphasised the need for a lenient penalty.

As a result of the hard work and dedication of our expert lawyers, all of our clients walked away with ‘section 10s.’

A ‘section 10’ is where you are found guilty of an offence, but no conviction is recorded on your criminal record.

This means that each of our clients is able to get on with their lives without worrying about how a criminal conviction could affect their employment or travel plans.

Our lawyers frequently obtain ‘section 10s’ in drug possession and supply cases.

These phenomenal results highlight the value of having an experienced drug law specialist on your side.
Our 30 year old client was charged with supplying a prohibited drug.

Our lawyers were able to convince police to downgrade this to a ‘drug possession’ charge, to which our client pleaded guilty.

Our highly-experienced advocates then stressed the negative impact that a conviction would have upon our client’s employment prospects, and accordingly the Magistrate was persuaded to issue a ‘section 10.’

This meant that our client did not receive a conviction on his criminal record and was free to pursue his chosen career.

Our client benefited from the experience of our specialist drug defence team, and was able to obtain the best possible result in his case.
Our 26 year old male client was charged with ‘drug possession’ after police found ecstasy pills and ice in his bedroom drawer.

However, our highly experienced lawyers argued that there was a possibility that the drugs belonged to our client’s girlfriend.

Accordingly, police were unable to prove ‘exclusive possession’ – in other words, the police were unable to prove that the drugs belonged only to our client.

We were also able to get the police to pay for our client’s legal fees as they should have investigated the possibility that the drugs belonged to our client’s girlfriend.

This was a great outcome as our client escaped conviction and was able to get on with his life without having to worry about paying for his legal expenses.

It just goes to show that sometimes, having a knowledgeable specialist drug lawyer on your side pays for itself!
Our client was a 33 year old male who was charged with ‘drug possession’ after he was found with 5 ecstasy pills.

He had previously had a criminal conviction in 2006, as well as a ‘section 10’ in 2004.

Our expert defence team encouraged our client to attend counseling, write a letter of apology, and obtain character references from his employer.

At sentencing, our expert lawyers drew attention to the positive steps our client had taken in getting counselling and demonstrating remorse in his letter of apology.

We also highlighted the impact that a drug conviction would have on his career and future.

Thanks to these compelling arguments, our lawyers were able to convince the Magistrate to issue a ‘section 10,’ which is where no conviction is recorded.

This was a fantastic result, especially since our client had a previous criminal record and had already obtained a section 10 in the past.


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