Drug offences are governed by the Drug Misuse and Trafficking Act 1985
(Hereafter referring to this legislation as the ‘DMTA 1985’). The offence of
possession of a prohibited drug is contained in section 10 of the ‘DMTA 1985’ and in this article, we
will be discussing the maximum penalty for this type of offence as well as the
elements which the prosecution must prove beyond a reasonable doubt to find a
person guilty of this offence.
foremost, in the ‘DMTA 1985’, there is a list ‘Restricted substances’ which include drugs that a person can obtain
but only by way of a prescription
(this includes prescription drugs such as as Xanax,
already know, there also appears to be an extensive list of drugs, which are
deemed to be illegal to
possess. The offence of possessing a
prohibited drug carries a maximum Penalty of 2 years imprisonment.
relation to the court process, when a person is charged with the offence of
‘Possession of Prohibited Drug’ this offence begins in the Local Court and it is usually finalised
and disposed of in the Local Court. It should be noted that if this type of
offence is not finalised in the Local Court, it is
usually because the defendant has other charge(s) which can only be dealt with
by a higher court and this offence happens to be part of the charges on
which must be proven by the
prosecution must prove the each and every one of the
following three elements Beyond a
Reasonable Doubt for there to be a finding of guilt in relation to this
offence and these elements include the following:
person possessed a substance; and
substance was a prohibited Drug; and
they knew they were in possession of that substance
prosecution fails to prove any of
the above elements, then the defendant will then be found not guilty of this offence.
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
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