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Drug Premises Lawyers NSW | Sydney Criminal Lawyers

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Drug premises offences involve entering, leaving or remaining on, knowingly allowing the use of, or arranging premises that are used for the unlawful supply or manufacture of prohibited drugs or the unlawful commercial cultivation of prohibited plants by enhanced indoor means.

These offences are contained in sections 36X, 36Y and 36Z of the Drug Misuse and Trafficking Act 1985 (NSW).

The prosecution is required to prove a number of ‘essential elements’ beyond reasonable doubt to establish any of these offences, including the fact the premises was in fact a drug premises and you were aware of this fact.

There are also a number of legal defences that apply to drug premises charges including general legal defences such as duress, necessity, automatism, self-defence and mental illness, as well as statutory defences, which are legal defences that apply to the specific offences.

The maximum penalties for drug premises offences range from 12 months to six years in prison, depending on the specific offence and whether it was your first or second or subsequent drug premises offence.

How can a lawyer assist with a drug premises charge?

If you are going to court over a drug premises charge, an experienced drug lawyer can assist by:

  • Reviewing the prosecution material and identifying any deficiencies, inconsistencies and procedural issues, as well as any legal defences that may apply,
  • Explaining the law, your options and the best way forward,
  • Formulating and implementing effective defence strategies, which will often involve pushing for the charges to be withdrawn or, where the case nevertheless proceeds to a defended hearing or jury trial, fighting to have them dismissed in court,
  • Where the evidence is overwhelming, persuading prosecutors to downgrade the charges to less-serious ones and amend the ‘agreed facts’, in order to make the case far less serious, and
  • Persuading magistrates and judges to impose lenient penalties if you wish to then plead guilty, including ‘non conviction orders’ where possible.

If you have been accused of a drug premises offence, call Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a free consultation with a specialist drug lawyer who is vastly experienced in representing clients accused of the offence , has an exceptional track record of success and will fight to achieve the optimal outcome in your case.

Read on for more information about drug premises offences.

Drug Premises Law

Drug Premises Offences in New South Wales

Drug premises offences are contained in sections 36X, 36Y and 36Z of the Drug Misuse and Trafficking Act 1985 (NSW).

A ‘drug premises’ is defined as a premises that is used for:

  • The unlawful supply or manufacture of prohibited drugs, or
  • The unlawful commercial cultivation of prohibited plants by enhanced indoor means.

‘Commercial cultivation’ is defined as:

  • Cultivation of at least the commercial quantity of prohibited plants, or
  • Cultivation of at least the small quantity but less than the commercial quantity of prohibited plants where they or their products are intended for sale.

Factors that may suggest a premises is a drug premises include evidence:

  • That police were prevented, obstructed or delayed from entering,
  • That the internal or external construction was fitted with bolts, bars and/or chains,
  • Of a person/s acting as a lookout/s,
  • Of a person/s in possession of an item/s indicating drug use, supply or manufacture,
  • Of a document/s or other record/s suggesting unlawful drug supply or manufacture,
  • Of large sums of money that are not accounted for, and/or
  • Of a person/s apparently affected by a prohibited drug/s.

The following table outlines the ‘essential elements’ (ingredients) the prosecution must prove beyond a reasonable doubt to establish a drug premises offence:

Section of Act Name of offence Prosecution must prove beyond reasonable doubt that:
36X(1) Entering, leaving or remaining on drug premises ·       You were found on, or entering or leaving a premises, and

·       The premises was a drug premises.
36Y(1) Owner or occupier knowingly allowing premises to be used as drug premises ·       You were the owner or occupier of a premises,

·       The premises was a drug premises,

·       You allowed the premises to be used as a drug premises, and

·       You did so knowingly.
36Y(2) Owner or occupier knowingly allowing premises to be used as drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. ·       You were the owner or occupier of a premises,

·       The premises was a drug premises,

·       You allowed the premises to be used as a drug premises,

·       You did so knowingly,

·       A person under the age of 16 years (the child) had access to the premises, and

·       The child was exposed to a prohibited drug, the prohibited drug supply process or equipment used to administer a prohibited drug.

 
36Z(1) Organising, conducting or assisting in organising or conducting a drug premises ·       You organised, conducted or assisted in the organisation or conduct of a premises,

·       The premises was a drug premises, and

·       You knew the premises was a drug premises.
36Z(2) Organising, conducting or assisting in organising or conducting a drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. ·       You organised, conducted or assisted in the organisation or conduct of a premises,

·       The premises was a drug premises,

·       You knew the premises was a drug premises,

·       A person under the age of 16 years (the child) had access to the premises, and

·       The child was exposed to a prohibited drug, the prohibited drug supply process or equipment used to administer a prohibited drug.

 

 

The following table lists the legal defences and maximum penalties that apply to drug premises offences:

Section of Act Name of offence Maximum penalty

(one penalty unit is $110)
36X(1) Entering, leaving or remaining on drug premises 12 months in prison and/or 50 penalty units for first offence

5 years in prison and/or 500 penalty units for second or subsequent offence
36Y(1) Owner or occupier knowingly allowing premises to be used as drug premises 12 months in prison and/or 50 penalty units for first offence

5 years in prison and/or 500 penalty units for second or subsequent offence
36Y(2) Owner or occupier knowingly allowing premises to be used as drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. 14 months in prison and/or 60 penalty units for first offence

6 years in prison and/or 600 penalty units for second or subsequent offence
36Z(1) Organising, conducting or assisting in organising or conducting a drug premises 12 months in prison and/or 50 penalty units for first offence

5 years in prison and/or 500 penalty units for second or subsequent offence
36Z(2) Organising, conducting or assisting in organising or conducting a drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. 14 months in prison and/or 60 penalty units for first offence

6 years in prison and/or 600 penalty units for second or subsequent offence

It is important to bear in mind that the maximum penalty is reserved for the most serious offending conduct, and the court can impose any of a range of alternative penalties including ‘non conviction orders’ (allowing you to avoid a criminal record, fines and various good behaviour bond-type orders such as community correction orders and intensive correction orders.

Defences to Drug Premises Charges

In addition to having to prove each ‘essential element’ of a drug premises offence beyond a reasonable doubt, prosecution must also disprove to the same high standard any general legal defences  that may be raised by the evidence in your case.

General legal defences are those which apply to all criminal charges.

There are also a number of statutory defences to drug offences charges.

Statutory legal defences are those which apply specific offences.  These apply if the court is satisfied on the balance of probabilities that certain circumstances exist.

You must be acquitted (found not guilty) of a drug premises charge if:

  • The prosecution is unable to disprove beyond reasonable doubt any general legal defence raised by the evidence, or
  • You are able to establish a statutory defence on the balance of probabilities.

The following table lists the general and statutory defences available for drug premises offences:

Section of Act Name of offence Legal defences

 
36X(1) Entering, leaving or remaining on drug premises General legal defences:

Duress, necessity, automatism, mental illness and self-defence.

Statutory legal defences:

You are not guilty if the court is satisfied on the balance of probabilities you had a lawful purpose for your conduct.

Your are also not guilty if the court is satisfied on the balance of probabilities that you did not know, and could not reasonably be expected to have known, the premises were drug premises.
36Y(1) Owner or occupier knowingly allowing premises to be used as drug premises General legal defences:

Duress, necessity, automatism, mental illness and self-defence.

Statutory legal defences:

Your are not guilty if the court is satisfied on the balance of probabilities that you did not know, and could not reasonably be expected to have known, the premises were drug premises.
36Y(2) Owner or occupier knowingly allowing premises to be used as drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. General legal defences:

Duress, necessity, automatism, mental illness and self-defence.

Statutory legal defences:

You are not guilty if the court is satisfied on the balance of probabilities that you did not know, and could not reasonably be expected to have known, the premises were drug premises.

You are also not guilty if the court is satisfied on the balance of probabilities that the child’s exposure did not endanger his or her health or safety.
36Z(1) Organising, conducting or assisting in organising or conducting a drug premises General legal defences:

Duress, necessity, automatism, mental illness and self-defence.

Statutory legal defences:

You are not guilty if the court is satisfied on the balance of probabilities that you did not know, and could not reasonably be expected to have known, the premises were drug premises.
36Z(2) Organising, conducting or assisting in organising or conducting a drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. General legal defences:

Duress, necessity, automatism, mental illness and self-defence.

Statutory legal defences:

You are not guilty if the court is satisfied on the balance of probabilities that you did not know, and could not reasonably be expected to have known, the premises were drug premises.

You are also not guilty if the court is satisfied on the balance of probabilities that the child’s exposure did not endanger his or her health or safety.

Penalties for Drug Premises Offences

 

The maximum penalties that apply to drug premises offences contained in the Drug Misuse and Trafficking Act 1985 (NSW) are:

Section of Act Name of offence Maximum penalty

(one penalty unit is $110)
36X(1) Entering, leaving or remaining on drug premises 12 months in prison and/or 50 penalty units for first offence

5 years in prison and/or 500 penalty units for second or subsequent offence
36Y(1) Owner or occupier knowingly allowing premises to be used as drug premises 12 months in prison and/or 50 penalty units for first offence

5 years in prison and/or 500 penalty units for second or subsequent offence
36Y(2) Owner or occupier knowingly allowing premises to be used as drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. 14 months in prison and/or 60 penalty units for first offence

6 years in prison and/or 600 penalty units for second or subsequent offence
36Z(1) Organising, conducting or assisting in organising or conducting a drug premises 12 months in prison and/or 50 penalty units for first offence

5 years in prison and/or 500 penalty units for second or subsequent offence
36Z(2) Organising, conducting or assisting in organising or conducting a drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. 14 months in prison and/or 60 penalty units for first offence

6 years in prison and/or 600 penalty units for second or subsequent offence

However, it is important to bear in mind that the maximum penalty is reserved for the most serious offending conduct, and the court has the option to impose any one of a range of alternative penalties including:

  • ‘Non conviction orders’ such as section 10(1)(a) dismissals and conditional release orders without conviction, which allow you to avoid a criminal conviction altogether,
  • Conviction with no further penalty,
  • Fines,
  • Community Correction Orders, and
  • Intensive Correction Orders.

What Does the Prosecution Have to Prove to Establish a Drug Premises Offence?

To establish a drug premises offence, the prosecution is required prove a number of ‘essential elements’ beyond a reasonable doubt.

The prosecution must also disprove to the same high standard any general legal defences that may be raised by the evidence in your case, including any evidence of duress, necessity, self-defence, automatism or mental illness.

Drug premises offences also contain a number of statutory defences – which are defences to specific charges. These apply if the court is satisfied on the balance of probabilities that certain circumstances exist.

The general and statutory defences are set-out above.

You are entitled to an acquittal (to be found not guilty) if the prosecution is unable to establish the essential elements or disprove a legal defence beyond reasonable doubt, or if you are able to establish a statutory defence.

Here are the essential elements the prosecution must prove beyond a reasonable doubt to establish specific drug premises offences:

Section of Act Name of offence Prosecution must prove beyond reasonable doubt that:
36X(1) Entering, leaving or remaining on drug premises ·       You were found on, or entering or leaving a premises, and

·       The premises was a drug premises.

 
36Y(1) Owner or occupier knowingly allowing premises to be used as drug premises ·       You were the owner or occupier of a premises,

·       The premises was a drug premises,

·       You allowed the premises to be used as a drug premises, and

·       You did so knowingly.

 
36Y(2) Owner or occupier knowingly allowing premises to be used as drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. ·       You were the owner or occupier of a premises,

·       The premises was a drug premises,

·       You allowed the premises to be used as a drug premises,

·       You did so knowingly,

·       A person under the age of 16 years (the child) had access to the premises, and

·       The child was exposed to a prohibited drug, the prohibited drug supply process or equipment used to administer a prohibited drug.

 
36Z(1) Organising, conducting or assisting in organising or conducting a drug premises ·       You organised, conducted or assisted in the organisation or conduct of a premises,

·       The premises was a drug premises, and

·       You knew the premises was a drug premises.

 
36Z(2) Organising, conducting or assisting in organising or conducting a drug premises knowing a child has access and the child is exposed to drugs, drug supply process or drug administration equipment. ·       You organised, conducted or assisted in the organisation or conduct of a premises,

·       The premises was a drug premises,

·       You knew the premises was a drug premises,

·       A person under the age of 16 years (the child) had access to the premises, and

·       The child was exposed to a prohibited drug, the prohibited drug supply process or equipment used to administer a prohibited drug.

 

 

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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