User Prohibited Drug

A person can be charged with use/self-administer a prohibited drug if they swallow, snort, inject, smoke, ingest or otherwise consume prohibited drugs. An attempt to do any of the above is also an offence.   

 

THE LAW

The offence of Use Prohibited Drug is referred to as ‘Self-administration of prohibited drugs. It is contained in section 12 of the Drug Misuse and Trafficking Act 1985 (NSW) and states:

A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of an offence.

Nothing in this section renders unlawful the administration or attempted administration by a person to himself or herself of a prohibited drug which has been lawfully prescribed for or supplied to the person.

 

Maximum/Possible Penalties

Use/Self-administer a prohibited drug can be punished with a prison sentence of up to 2 years or a fine of up to 2,200, or both.

Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

In NSW, a court can impose any of the following penalties for a Using or Self-administering a prohibited drug charge of:

·        Full time Imprisonment

·        Intensive Corrections Order (ICO)

·        Community Correction Order (CCO)

·        Conditional release Order (CRO) (ie: bond); and/or

·        Fine

 

THE FACTS THAT MUST BE PROVEN

The prosecution must prove the Accused’s guilt beyond reasonable doubt being: 

·        That you administered or attempted to administer a substance;

·        That substance was a prohibited drug;

·        You knew that substance was a prohibited drug; and

·        That you administered or attempted to administer that substance to yourself.:

 

Defences

Some of the possible defences available for those charged with self-administer prohibited drug can include:

·        To argue that you were not administering or attempting to administer the substance to yourself (although, it is still an offence to be in possession of a prohibited drug, or to administer or attempt to administer a drug to someone else);

·        To argue that the substance was not a prohibited drug;

·        To show that you have a lawfully obtained script for the drug; or

·        If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue "Duress";

If your actions were necessary to prevent a greater harm from occurring, you may have the defence of "Necessity". 

 

CHOICES AT LAW OPTIONS

For Using or Self-administering a prohibited drug, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.