Use of prohibited drugs
The maximum penalty for the charge of prohibited drugs (Section 12 of the Drug Misuse and Trafficking Act) is a fine of 20 penalty units and/or 2 years imprisonment.
What the prosecution must prove
The police must prove each of the following beyond reasonable doubt:
- You administered to yourself the prohibited drug and that it was you who committed the offence.
The court can impose any of the following penalties:
- Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
- Community Service Order.
- Intensive Correction Order (previously known as periodic detention)
- Good Behaviour bond.
- Suspended sentence
- Home detention
- Prison Sentence
Based upon our experience and statistics from the Judicial Commission of NSW we believe the penalty in a case that is within the mid-range of seriousness for the offence of use of prohibited drugs, if heard in the Local Court is likely to be:
- Cocaine: A fine of $300
- Cannabis: A fine of $200
- Amphetamines: A fine of $250
- Heroin: A fine of $250
- Ecstasy: A bond under section 10A of the Crimes (Sentencing procedure) Act.
For first time offenders the likely penalty is:
- Cocaine: A bond under section 10 of the Crimes (Sentencing Procedure) Act.
- Cannabis: A fine of $300.
- Amphetamines: A fine of $250.
- Heroin: A fine of $750.
This matter is a summary matter and can only be finalised in the Local Court.