The offence of drug possession takes place where a person has drugs on them, or in a vehicle or premises under their control. It is one of the least serious drug offences, however it can still be dealt with seriously by the courts.
To be found guilty of possessing a prohibited drug the prosecution needs to prove several factors including:
That the substance is a drug
That it was in your physical custody, which can include a premises
or a vehicle controlled by you
That you knew the drug was in your custody
Depending on the facts of the particular case, there may be a number of ways to fight a possession charge, each of which can be explained to you in straightforward terms by your lawyer.
If you plead guilty, or are found guilty the severity of the penalty will depend on the quantity and type of the drug as well as the criminal history of the person being sentenced. Generally speaking cannabis is treated less seriously than drugs such as cocaine, ice and heroin.
For many people the Court may be convinced to impose a sentence which does not involve a conviction. This is known as a section 10. Arguments in support of section 10 need to be carefully crafted by your lawyer to ensure that specific legal principles are addressed and that your subjective case (who you are) is presented in a compelling way.
Maximum penalty: 2 years imprisonment / $2200 fine