Author: admin

  • MANUFACTURING A PROHIBITED DRUG

    This offence is contained in section 24(1) of the Drug Misuse and Trafficking Act 1985. Elements of the offence In order to prove this offence the prosecution must establish that the accused either: AND that the substance the accused manufactured or assisted in manufacturing or producing was a prohibited drug. Behaviour that may constitute the…

  • CULTIVATION OF PROHIBITED PLANTS

    It is an offence to cultivate or grow a prohibited plant under section 23 of the Drug Misuse and Trafficking Act 1985. Elements of the offenceIn order to prove this offence the prosecution must establish the following beyond a reasonable doubt: Behaviour that may constitute this offence Behaviour that may constitute this offence includes: Penalties…

  • DRUG IMPORTATION & EXPORTATION

    There are a range of offences relating to the importation of prohibited drugs and the importation or exportation of border-controlled substances. These are federal offences that can attract lengthy terms of imprisonment. Elements of the offenceIn order to prove the offence of exporting or importing a border-controlled plant or drug, the prosecution must prove beyond…

  • USE / SELF-ADMINISTER A PROHIBITED DRUG

    It is an offence under section 12 of the Drug Misuse and Trafficking 1985 Act to self-administer or use a prohibited drug. Elements A person can be charged with this offence if they swallow, inject, smoke, ingest or otherwise consume a prohibited drug. They can also be charged if they are caught attempting to do any…

  • SUPPLYING PROHIBITED DRUGS

    Supplying or knowingly taking part in the supply of prohibited drugs is an offence under section 25(1) of the Drug Misuse and Trafficking Act 1985. Three common drug supply offences in this Act are: Supply In order to be found guilty of a drug supply offence the prosecution must prove beyond a reasonable doubt that…

  • POSSESSION OF PROHIBITED DRUGS

    It is an offence against section 10 of the Drug Misuse and Trafficking Act 1985 to possess a prohibited drug. Elements of the offence In order to prove this offence the prosecution must establish the following elements beyond a reasonable doubt: While the term “possess” generally refers to on-person possession, a person can be charged…

  • SUPREME COURT & OTHER COURTS

    Supreme Court Each state and territory have a Supreme Court which is presided over by a Chief Justice. The NSW Supreme Court is regulated by the Supreme Court Act 1970 (NSW) and is the largest superior court of general jurisdiction in Australia. The Supreme Court hears serious criminal cases involving murder, treason and piracy. The…

  • DISTRICT COURT

    The New South Wales District Court is established under the District Court Act 1973 (NSW) and sits regularly in regional areas. It is the largest trial court in Australia. The New South Wales District Court has a wide jurisdiction and is able to hear matters such as: serious criminal offences including drug offences and serious…

  • LOCAL COURT

    All states in Australia have a system of lower courts located in most major towns and metropolitan centres. In New South Wales it is called the Local Court. The Local Court conducts hearings in 155 locations across New South Wales. Local Court proceedings are presided over by judicial officers called Magistrates. There is no jury…

  • MENTAL HEALTH & THE LAW

    DIVERSION UNDER THE MENTAL HEALTH ACT The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 was assented to in June 2020 and has now replaced the previous act, the Mental Health (Forensic Provisions) Act 1990. This new Act has changed the way the courts deal with defendants who are found to have mental health…