Drug offences and the misuse of illegal drugs are taken very seriously within the NSW legal system. If you have been charged with a drug offence involving a commercial quantity, contacting an experienced lawyer will prove imperative to achieving the best possible outcome for your case.
The team here at Hamilton Janke lawyers are experts in drug offences, including drug cultivation and commercial quantity drug trafficking, and can provide advice and support to assist you in getting your best result.
Under Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW), legislation prescribes various classifications for drug offences depending on quantities. These are outlined as small, trafficable, indictable, and commercial quantities. Within NSW, offences involving a commercial quantity are the most serious classification and carry the most severe penalties for drug offences
The difference in drug quantities and the prescribed amount to constitute the classification quantity depends on the type of drug the individual is accused of misusing or trafficking.
The Drug Misuse and Trafficking Act 1985 states if an individual is found with a quantity equal or more to the ‘trafficable quantity’ set out under the law, they may be charged with drug supply.
The Drug Misuse and Trafficking Act 1985 specifies the quantity of prohibited drugs considered ‘indictable’. These quantities are deemed a serious crime and are usually dealt with by the District Court, resulting in harsher penalties
Under NSW legislation, charges involving the supply of commercial quantities are the most serious drug supply charges.
Larger quantities are defined as ‘large commercial quantity’ and treated with the most severity within the legal system.
The maximum penalty for supplying a commercial quantity of prohibited drugs is 20 years imprisonment and/or 3500 penalty units, which is reduced to 15 years and/or 3500 penalty units if the prohibited drug is cannabis.
The maximum penalty for supplying a large commercial quantity of prohibited drugs is life in prison and/or 5000 penalty units, or 20 years and/or 5000 penalty units if the offence relates to cannabis.
The table below outlines the maximum penalties applicable to differing quantities in accordance with penalties outlined by the Drug and Trafficking Act 1985 (NSW):
| QUANTITY | CANNABIS | MDMA/ Ecstasy | ICE (‘Methylam-phetamine’) | COCAINE | PSILOCYBIN (‘Magic Mushrooms’) | MAXIMUM PENALTY |
| SMALL | 30g | 0.25g | 1g | 1g | 0.04g | 2years imprisonment and/or $5,500 fine (if handled summarily) |
| TRAFFICABLE | 300g | 0.75g | 3g | 3g | 0.15g | 2years imprisonment and/or $11,000 fine (if handled summarily) |
| INDICTABLE | 1kg | 1.25g | 5g | 5g | 0.25g | 15 years imprisonment and/or $220,000 fine |
| COMMERCIAL | 25kg | 125g | 250g | 250g | 25g | 20 years imprisonment and/or a fine of $385,000 |
| LARGE COMMERCIAL | 100kg | 500g | 500g | 1kg | 100g | Life Imprisonment and/or $550,000 fine |
There are various penalties that individuals may be sentenced to if they are convicted of a drug possession offence within NSW. These may include a Section 10 or a Conditional Release Order non-conviction penalty, which will result in no criminal record against you.
However, individuals are generally only sentenced with Section 10 or Conditional Release Order non-conviction penalty for low-range offences, including possessing a small or trafficable quantity. If an individual has been convicted of a drug offence involving a commercial quantity of drugs, they will almost certainly receive a criminal record and most likely a custodial sentence.
If an individual is reported for possession of a commercial quantity of drugs, this will most likely trigger a police investigation that may result in charges for the accused.
In these circumstances, the matter will progress to committal in the local court where the accused enters a plea of guilty or not guilty. If the accused pleads guilty, the matter will progress straight to sentencing before a judge in either the district or the supreme court. As an indictable offence, if the accused pleads not-guilty, the matter will be heard at trial before a judge (and in most cases a jury) in either the district or the supreme court.
In many circumstances, individuals are not legally required to report a crime when they witness it. However, under s316 of the Crimes Act 1900, is it an offence to conceal information regarding a serious indictable offence (any offence that carries a prison term of at least five years) if you don’t have a reasonable excuse for failure to report.
As possession of a commercial quantity of drugs carries a maximum penalty of up to 20 years imprisonment, failure to report this offence if you witness it can have negative legal consequences. If you witness such an offence, it is recommended that you seek advice from an expert criminal lawyer or else report any knowledge of it anonymously through crime stoppers.
In these circumstances, the prosecution and defence can present their case. Due to the burden of proof in the NSW legal system, if you plead not guilty, you will not be found guilty unless the prosecution can prove beyond a reasonable doubt that you have committed all the elements of the offence.
If an individual enters a plea of ‘not guilty’ to a commercial quantity drug charge in NSW, they assert that they did not commit the offence or disagree that they engaged in all the elements of the offence.
In these circumstances, the matter will progress to trial, generally before 12 jurors, where the prosecution and defence have an opportunity to present their case. Individuals may choose to plead not guilty if they have a valid legal defence to the charges. If an individual is wishing to plead not guilty, it is integral they obtain legal advice and representation from an experienced professional.
The use of a legal defence, if successful, can result in either an acquittal or a reduced sentence. Some of the defences for drug charges involving a commercial quantity may include:
If you plead guilty to drug cultivation, you agree that the prosecution can prove each of the elements of the offence that you have been charged with, against you. Pleading guilty if you have committed the offence will provide you with the best possible outcome.
If you are choosing to plead guilty, an earlier plea most often entitles you to a lesser sentence, with a current maximum discount of 25% for an early plea.
As a criminal offence in NSW, the burden of proof lies on the prosecution to prove the elements of the offence beyond a reasonable doubt.
The prosecution must prove beyond a reasonable doubt that the accused:
If all of these components are not proven beyond a reasonable doubt, the accused will be found not guilty are charges against them are to be dropped.
If you are being charged with a criminal offence in NSW, it is vital that you seek legal advice and legal representation. The team at Hamilton Janke lawyers are experts in defending against drug offences, including drug cultivation and commercial quantity drug trafficking, and can provide advice and support to assist you in getting your best result. Contact our expert Criminal Defence Lawyers now.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.
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