Drug Possession Penalties
By John Vizzone
Following on from our article about what the police can do and what they have to prove in drug offences, we now look at what penalties the courts will impose for a guilty plea on such charges.
If a person is charged only with drug possession, the matter will be heard in the Local Court of New South Wales.
Upon being charged, the matter will be listed for a mention date. At this date, the person charged will be required to enter either a plea of guilty or not guilty.
There are significant advantages of entering a guilty plea on that occasion. By law, the court is required to give you a discount on any punishment if you enter an early guilty plea. This may mean the difference between getting a section 10 and escaping with no conviction, or being given community service.
Generally, the penalties available to the court include:
- A prison sentence of up to 2 years;
- Home detention;
- Periodic detention;
- Suspended sentence
- Community Service Order;
- Conviction and Fine;
- Section 10
If you receive a section 10, you will avoid having a CRIMINAL RECORD.
Each case is different but it is important that your case is well prepared so you have every chance of receiving the leanest possible sentence.
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John Vizzone is a leading criminal lawyer acting for clients in all facets of criminal law including drug possession and supply.