Drug Offence Defence Lawyers
Facing drug charges in NSW? From possession and supply to cultivation, manufacture and Commonwealth importation, Principal Solicitor Joshua Jung advises on drug matters and provides strategic representation.
Types of Drug Charges We Defend
Joshua defends a range of drug offences across NSW courts.
Drug Possession
Charges for personal use quantities of prohibited drugs including cannabis, cocaine, MDMA and ice.
Drug Supply
Allegations of supplying or intending to supply prohibited drugs to others, regardless of quantity.
Commercial & Large Commercial Supply
Supply charges involving commercial and large commercial quantities, which carry the most serious maximum penalties.
Drug Importation
Federal offences involving the importation or attempted importation of border-controlled drugs. These offences carry severe maximum penalties, including life imprisonment in the most serious cases.
Drug Manufacturing
Production or cultivation charges including cannabis grow houses and clandestine labs.
Deemed Supply
Where deemed supply applies, the accused may seek to prove, on the applicable standard, that possession was otherwise than for supply. Evidence of personal use is one way that issue may arise.
Defence Strategies
Drug cases may involve search powers, police procedure and forensic evidence. Joshua analyses the prosecution material to identify legal defences, evidentiary objections and sentencing issues that may arise on the facts.
Search and admissibility issues
Examining the lawfulness of a search and whether any application for discretionary exclusion is properly available. Exclusion is not automatic.
No Knowledge
Proving you had no knowledge of the drugs or their presence.
No Possession
Establishing the drugs did not belong to you or were not in your control.
Improper Police Conduct
Examining whether evidence was obtained unlawfully or improperly, whether discretionary exclusion should be sought, or whether exceptional circumstances justify other relief available under Australian criminal law.
Duress
Demonstrating you acted under threat of serious harm to yourself or family.
Chain of Custody
Challenging forensic evidence handling and drug analysis procedures.
Understanding Drug Penalties in NSW
Drug penalties vary significantly based on the type and quantity of drug involved. Understanding the potential consequences is crucial.
Possession (Small Quantity)
Usually heard in the Local Court
Supply (Indictable Quantity)
Usually heard in the District Court
Supply (Commercial Quantity)
Usually heard in the District Court
Supply (Large Commercial)
Usually heard in the Supreme Court
Cultivation (Cannabis)
Usually heard in the District Court
Drug Importation (Commonwealth)
Usually heard in the District or Supreme Court, exercising federal jurisdiction
Penalties depend upon the precise offence, the applicable legislation, the jurisdiction, the type and quantity of drug, the objective seriousness of the conduct and the individual circumstances of each case. The court in which a charge is heard can also vary. This is general information only and is not legal advice. For advice about your matter, contact the firm.
Avoiding a Criminal Record
Even if you plead guilty, Joshua may be able to help you avoid a criminal conviction through Section 10 dismissal or conditional release orders.
Section 10 Dismissal
A section 10 dismissal may allow the court to deal with an offence without recording a conviction. The practical effect on criminal-record checks, employment, licences, immigration, overseas travel and disclosure obligations depends on the applicable law and the individual's circumstances.
- No conviction recorded, where the court considers it appropriate
- May assist in reducing the impact of a matter on employment
- Effect on travel and visas depends on the applicable law
Drug Diversion Programs
In eligible circumstances, police may choose to issue a Cannabis Caution instead of commencing criminal proceedings. MERIT is a voluntary Local Court treatment and rehabilitation program for eligible defendants; participation does not itself mean a charge is automatically withdrawn.
- Cannabis Cautioning Scheme
- MERIT participation may be relevant to rehabilitation and sentencing
- Drug Court eligibility
Facing Drug Charges? Get Help Now.
Time can be important in drug matters. Contact the firm to discuss your options with Principal Solicitor Joshua Jung.