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Drug Offences

Drug Offences

Drug Offences are among the most serious offences in the eyes of the Criminal Law Courts. However, the penalties associated with Drug Offences vary greatly, and under the right circumstances, and with good legal representation, there is great scope for the Courts to be lenient.

Cocaine and Ecstasy Offences

Cocaine and Ecstasy offences are taken particularly seriously by the police and the courts. Cocaine is a highly addictive and damaging drug and there are severe penalties for its use, possession, supply and manufacture. Ecstasy, or MDMA (methylene-dioxymethamphetamine), is a stimulant drug often associated with festivals and parties. It is a criminal offence to possess, use or distribute both cocaine or ecstasy and these offences are taken very seriously by the police and the courts, which often issue harsh penalties.

Penalties for cocaine and ecstasy offences

In NSW, the greater the quantity of the prohibited drug in question, the harsher the penalty. The intended use of the drug is also a factor in determining guilt and penalties.

Defences for Cocaine and Ecstasy related Offences

If you are charged with an offence relating to cocaine or ecstasy (possession, use, supply, manufacture), you may have several legal options, depending on the amount of ecstasy in question. If the amount is large, it may be in your interests to plead guilty, as an acknowledgment of the seriousness of the offence may lead the court to consider your case with leniency. However, you may also be able to offer certain legal defences:

• Duress: You may have been forced to use, carry, supply or manufacture cocaine or ecstasy by another person, through threats, violence or other coercion
• Necessity: You may also have believed that to become involved with cocaine or ecstasy would have prevented another offence, or a worse offence, from happening
• Honest and reasonable mistake: You may also have been genuinely unaware that the substance in question was cocaine, ecstasy, or even a prohibited drug.

Cannabis

There are five categories of cannabis listed under section 1 of the Drug Misuse and Traffic Act 1985: cannabis leaf, cannabis plant (indoor / hydroponic), cannabis plant (other), cannabis oil and cannabis resin.

You will be charged with possession of cannabis if the quantity you are carrying is below the trafficable quantity. If it is above this, you will be charged with supply. The difference between possession and supply is that if you are carrying a large quantity of cannabis, the law presumes you are carrying it with the intention of giving it to others, which the law regards as a more serious offence than mere possession for personal use. In this case, once the prosecution proves beyond reasonable doubt that you knowingly had in your possession an indictable quantity of cannabis, you must prove on the balance of probabilities that you in fact did not supply or intend to supply the drugs to anyone else, in order to beat the supply charge. As long as the prosecution has charged you with cannabis possession as a “backup”, you will still be liable for the offence of cannabis possession.

The table below outlines the quantities of each form of cannabis relevant to each offence category.

Trafficable quantity

Small quantity Indictable quantity Commercial quantity

Large commercial quantity

Cannabis leaf

300g

30g 1000g 25kg

100kg

Cannabis oil

5g

2g 10g 500g

2kg

Cannabis plant (indoor)

5 50 50  200
Cannabis plant (other)

5 50

250

 1000

Cannabis resin

30g 5g 90g 2.5kg

10kg

Courts and penalties – less than small quantity

Where the quantity is less than the small quantity, the matter may be dealt with in the Local Court, where the maximum penalty is 2 years’ prison and/or 50 penalty units ($5,500), unless the prosecution elects the matter to be heard in the District Court (otherwise known as a “Table 2 offence”).

Courts and penalties – small quantity

Where the quantity is more than the small quantity but less than the indictable quantity, the matter will still be dealt with in the Local Court, where the maximum penalty is 2 years’ prison and/or 100 penalty units ($11,000), unless either you or the prosecution elects the matter to be heard in the District Court (otherwise known as a “Table 1 offence”).

Courts and penalties – indictable quantity

Where the quantity is more than the indictable quantity but less than the commercial quantity, the matter must be heard in the District Court, unless the charged offence relates to cannabis plant or cannabis leaf, which are treated as a Table 1 offence. The maximum penalty in the District Court is 15 years’ jail and/or 2000 penalty units ($220,000).

Courts and penalties – commercial quantity

Where the quantity is more than the commercial quantity but less than the large commercial quantity, the matter must be heard in the District Court, where the maximum penalty is 3,500 penalty units ($385,000) and/or 20 years’ prison, or 3,500 penalty units and/or 15 years’ jail if the offence relates to cannabis leaf or cannabis plant.

Courts and penalties – large commercial quantity

Where the quantity is more than the large commercial quantity, the matter must be heard in the District Court, where the maximum penalty is 5,000 penalty units ($550,000) and/or life imprisonment, or 5,000 penalty units and/or 20 years’ prison if the offence relates to cannabis leaf or cannabis plant.

Use/Possession/Supply of Prohibited Drugs

Use and Possession of a prohibited drug are the less serious of the criminal charges associated with Prohibited Drugs, however both can attract strong penalties as the law wishes to prevent the extreme harm that drugs cause. Supply of a prohibited drug is viewed very seriously however and often attracts severe penalties with the Police often seeking the maximum penalty if the amount of drug in question large.

Penalties – Use of a Prohibited Drug

The maximum penalties for using a prohibited drug are a fine of up to $2,200 and/or 2 years imprisonment. In many cases, particularly if the amount of the drug in question was relatively small, these penalties may not be imposed, but the offender may be placed on a good behaviour bond, given a suspended sentence or required to perform community service. Drug rehabilitation programs may also be recommended.

Penalties – Possession of a Prohibited Drug

As a rule, in NSW law, the greater the quantity of the drug in question, the more harsh the penalty. The other major consideration in determining guilty and sentences is the intended use of the drugs. The intention of personal use usually attracts lesser penalties than the intention to distribute. Possession of a prohibited drug carries a maximum penalty of a fine of $2,200 and/or 2 years imprisonment.

Penalties – Prohibited Drug Supply

• Less than a small quantity: $5,500 and/or 2 years imprisonment.
• Less than an indictable quantity: $11,000 and/or 2 years imprisonment.
• Less than a commercial quantity – cannabis leaf or plant, where defined as a summary offence (ie. a small amount of drug is involved): $11,000 and/or 2 years imprisonment.
• Less than a commercial quantity – cannabis leaf or plant: $22,000 and/or 10 years imprisonment.
• Less than a commercial quantity: $22,000 and/or 15 years imprisonment.
• Of a commercial quantity – cannabis leaf of plant: $385,000 and/or 15 years imprisonment.
• Of a commercial quantity: $385,000 and/or 20 years imprisonment.
• Of a large commercial quantity – cannabis leaf or plant: $550,000 and/or 20 years imprisonment.
• Of a large commercial quantity: $550,000 and/or life imprisonment.

Defences

If you have been charged with use, possession or supply of a prohibited drug, there may be some

legal defences open to you. These include:
• Duress: You may have been forced to use, possess or supply a prohibited drug by another person’s threats, violence or other coercion.
• Honest and reasonable mistake: You also may not have been aware that the substance you were taking was a prohibited drug.
In cases where more than one person has been alleged to have used, possessed or supplied the prohibited drugs, you may be able to prove that you were not one of them, but that the police made certain assumptions on the basis of circumstantial evidence.

In some cases, it may be in your interests to plead guilty, as an acknowledgement of the charges by you may lead the court to make lenient decisions.

Cultivating a Prohibited Plant/Manufacturing a Prohibited Drug

Cultivating a prohibited plant and manufacturing a prohibited drug are both serious charges. The former relates to the growing or maintaining of a prohibited plant in any place that is under your control. The latter is one of the most serious drug related charges. It applies to any person involved at any point in the manufacturing process.

Penalties – Cultivating a Prohibited Plant

The penalties for cultivating a prohibited plant can be very severe, as in some circumstances the charge may equate to the early stages of manufacturing prohibited drugs. The penalties can range from fines of $5,500 to between 2 and 20 years imprisonment.

Penalties – Manufacturing a Prohibited Drug

The penalties for being found guilty of manufacturing a prohibited drug are among the most severe for all drug charges. As in all NSW drug cases, the severity of the penalty depends on the quantity of prohibited drugs involved. The greater the quantity, the harsher the penalty.

Penalties for manufacturing a prohibited drug can include from fines ranging between $5,500 and $550,000 and/or imprisonment for between 2 years and life.

Defences

legal defences open to you. These include:
• Duress: You may have been forced to use, possess or supply a prohibited drug by another person’s threats, violence or other coercion.
• Honest and reasonable mistake: You also may not have been aware that the substance you were taking was a prohibited drug.
In cases where more than one person has been alleged to have used, possessed or supplied the prohibited drugs, you may be able to prove that you were not one of them, but that the police made certain assumptions on the basis of circumstantial evidence.

In some cases, it may be in your interests to plead guilty, as an acknowledgement of the charges by you may lead the court to make lenient decisions.

Penalties

In NSW, the larger the quantity of drug involved in an offence, the more serious the penalty. This rule is set out within the Drug Misuse and Trafficking Act 1985 (NSW). The intent of the offender is also an important consideration when determining the guilt of the accused charged with an offence.

If you are charged with an offence, the court will consider a variety of matters in order to determine your sentence. Depending on the nature of the offence, it is very rare that you will receive a maximum penalty, especially if it is a first-time offence. However maximum penalties can be used as a guide, to indicate the seriousness of the offence.

Maximum penalties for drug-related offences range from two years imprisonment and/or fines of $2,200 to life imprisonment and/or fines of up to $550,000 and forfeiture of assets. The type of drug, along with the quantity, is also an important consideration in sentencing. For example, lower penalties exist in situations where the drug in question is cannabis.

Possession of a prohibited drug

$2,200 and/or 2 years imprisonment
An offence with respect to prohibited plants: from $5,500 and/or 2 years, to $55,000 and/or 20 years.
Manufacture and production of prohibited drug: from 50 pu (per unit) and/or 2 years, to 5000 pu and/or life imprisonment.
Possession of precursors (ie. the basic materials) intended for use in the manufacture or production of a prohibited drug: from 100 pu and/or 2 years, to 2000 pu and/or 10 years.

Supply of a prohibited drug

• Less than a small quantity: $5,500 and/or 2 years imprisonment.
• Less than an indictable quantity: $11,000 and/or 2 years imprisonment.
• Less than a commercial quantity – cannabis leaf or plant, where defined as a summary offence (ie. a small amount of drug is involved): $11,000 and/or 2 years imprisonment.
• Less than a commercial quantity – cannabis leaf or plant: $22,000 and/or 10 years imprisonment.
• Less than a commercial quantity: $22,000 and/or 15 years imprisonment.
• Of a commercial quantity – cannabis leaf of plant: $385,000 and/or 15 years imprisonment.
• Of a commercial quantity: $385,000 and/or 20 years imprisonment.
• Of a large commercial quantity – cannabis leaf or plant: $550,000 and/or 20 years imprisonment.
• Of a large commercial quantity: $550,000 and/or life imprisonment.
• Importation of a prohibited drug
• Of a commercial quantity: life imprisonment.
• Of a trafficable quantity where you have a previous conviction: life imprisonment.
• Of a trafficable quantity: $100,000 and/or 25 years imprisonment.
• Of a trafficable quantity of cannabis: $4,000 and/or 10 years imprisonment.
• Of a trafficable quantity but where you’re not for dealing: $2,000 and/or 2 years imprisonment.
• Of less than a trafficable quantity: $2,000 and/or 2 years imprisonment.

The quantities are grouped into categories: discrete dosage unit, small, trafficable, indictable, commercial and large commercial. The amounts of the drug that fit into each category vary from drug to drug. Generally, heroin and cocaine attract the more serious sentences. Amphetamines such as speed and ecstasy attract mid-range sentences, and cannabis low range. Large amounts of low and mid-range drugs can still, however, attract significant penalties.

To determine what drug offence(s) you have been charged with, and the amount of drugs the police consider are involved, you can refer to either the charge sheet or the notice to appear, one of which the arresting officer will have given you.

If you have been charged with a drug offence, there are a number of ways you can proceed. It may be possible to have your charge withdrawn or reduced by the Police by way of representations. It may be an option to defend your matter in Court, or it may be in your best interests to plead guilty.

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

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SDRO Enforcement Orders

People fail to pay fines for a variety of reasons. Their correspondence address may be out of date, they may be on a long overseas holiday, or they may be suffering from a serious medical condition. Unpaid traffic penalty notices often lead to State Debt Recovery Office (SDRO) Enforcement Orders, which will threaten legal action if fines are not paid. If you have a good reason for failing to pay a penalty notice before an enforcement order is issued, you can apply to have the enforcement order annulled.

Annulling an SDRO enforcement order

When a penalty notice is not complied with, eventually an enforcement order is issued. The only way to get out of an enforcement order is to apply to the State Debt Recovery Office (SDRO) to have it annulled. Usually, this means you will need to prove that you were unaware of or unable to pay the penalty notice before the enforcement order was issued. An application like this will need to be supported by appropriate documentary evidence.

A lodgement fee of $50 is payable to the SDRO in respect of an annulment application. Where you are making multiple annulment applications, the SDRO may allow you to pay only $50 for all of the annulment applications, or defer payment of the fee until after your annulment application has been decided.

Once an annulment application has been submitted, there are a variety of possible outcomes:
• The SDRO may ask the issuing authority (e.g. RMS aka RTA) to review the fine, in which case the issuing authority might withdraw the fine;
• The SDRO might decide to annul the enforcement order, in which case your matter will be listed at a Local Court to decide the matter; or
• The SDRO may decide not to annul the enforcement order, in which case you may appeal this decision to the Local Court.

In making an annulment application, it is important to put forward appropriate reasons for failure to pay, supported by relevant documentary evidence. Sydney Criminal Defence Lawyers can assist you at each step of this process.

How can Daoud Legal:
Sydney Criminal Defence & Traffic Lawyers help?

Our criminal defence & traffic lawyers at Daoud Legal will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on (02) 8059 7121 or text 0420 998 650 24hrs to book a free consultation with one of our lawyers.

SDRO Enforcement Orders: Dealing With Fines & Fees

Receiving an SDRO enforcement order can be a stressful and complex experience. Whether you've been issued a fine or are facing the consequences of an unpaid penalty notice, it's crucial to understand your rights and the available options. This page will walk you through the process of dealing with an SDRO enforcement order, your legal rights, and the steps you can take to resolve the issue.

Understanding SDRO Enforcement Orders

An SDRO enforcement order is a notice issued by the State Debt Recovery Office (SDRO) when a penalty notice or fine remains unpaid. This order states that the offense has been proven and the penalty amount is owed. If an enforcement order is issued, an additional $65 will be added to the original fine for each enforcement action taken by the SDRO.

Consequences of an SDRO Enforcement Order

If an SDRO enforcement order is not addressed, the consequences can be severe. The SDRO has the right to:

  • Suspend your NSW driver's license due to unpaid fines
  • Suspend your road toll accounts
  • Impose additional costs or fees
  • Issue a garnishee order
  • Suspend your driver's license for the accrual of demerit points or breach of a good behaviour license

In some cases, you may be able to apply to have the enforcement order annulled, which could help you avoid these consequences.

Applying to Annul an SDRO Enforcement Order

If you have received an SDRO enforcement order, you can take the following actions:

  • Pay the fine
  • Seek further time to pay
  • Seek a review of the infringement
  • Apply to the Commissioner for Revenue NSW to annul (declare invalid) the enforcement order

To get an enforcement order annulled, you'll need to apply to the Commissioner of Fines and Administration. This can be done through the Revenue NSW website or with the help of a lawyer. There is a non-refundable $50 fee to make the application, but this fee can be waived in certain circumstances.

Once the application is made, the Commissioner will either accept or reject the request to have the enforcement order annulled. If the application is rejected, you can appeal the decision to the Local Court.

When Will an Enforcement Order Be Annulled?

An enforcement order is likely to be annulled in the following circumstances:

Has any item in their custody;

Has any item in the custody of another person;

Has any item in or on premises, whether belonging to or occupied by themselves or not, or whether that item is there for their own use or the use of another; or

Gives custody of any item to a person who is not lawfully entitled to possession of that item

The legislation also allows for a discretionary annulment of the enforcement order if the Commissioner (or court) is satisfied that a question or doubt has arisen as to the person's liability for the penalty or other amount concerned, and the person had no previous opportunity to obtain a review of that liability. Additionally, the Commissioner (or court) may grant the application if they are satisfied that there is just cause why the application should be granted, considering the circumstances of the case.

Seeking Legal Assistance

Navigating the process of applying to annul an SDRO enforcement order can be complex, and it's often advisable to seek the assistance of a legal professional. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our criminal defence and traffic lawyers have extensive experience in handling SDRO enforcement order cases. We can provide you with personalised legal advice, guide you through the application process including payment of fine, and represent you in court if your annulment application is rejected by the Commissioner.

Our team understands the stress and uncertainty that comes with dealing with an SDRO enforcement order, and we're committed to helping you achieve the best possible outcome. We'll work closely with you to explore all available options, gather the necessary evidence, and present a compelling case to the Commissioner or the Local Court.

Don't hesitate to reach out to us for a free consultation by calling (02) 8059 7121 or texting 0420 998 650 24hrs. Our experienced lawyers are here to help you navigate this complex legal landscape and protect your rights.

Dealing with Ongoing Enforcement Action

If the SDRO's enforcement action continues despite your attempts to resolve the issue, there are a few additional steps you can take:

1. Work and Development Orders (WDOs)

If you're facing financial hardship or other extenuating circumstances, you may be eligible for a Work and Development Order (WDO). A WDO allows you to clear your debt through a range of approved activities, such as:

  • Unpaid work
  • Counselling and treatment programs
  • Courses and educational programs
  • Financial or other information services

To apply for a WDO, the law stipulates that you'll need to contact the SDRO Advocacy Hotline at given date or a WDO sponsor organisation. The SDRO will then assess your eligibility and, if approved, work with you to set up a WDO plan.

2. Dealing with Debt Collectors

In some cases, the SDRO may engage a debt collector to recover the outstanding fines if fine is not paid. If this happens, it's important to know your rights and how to handle the situation effectively. Debt collectors are required to follow strict rules and regulations, and they cannot engage in harassment or unfair practices. If you feel that a debt collector is acting inappropriately, you can lodge a complaint with the Australian Financial Complaints Authority (AFCA) or the SDRO.

Staying Informed and Proactive

The key to successfully navigating an SDRO enforcement order is to stay informed and proactive. Keep a close eye on any correspondence from the SDRO, respond to notices promptly, and don't hesitate to seek legal assistance if you're unsure of your rights or the best course of action.

Remember, the SDRO enforcement order process can be complex, but with the right knowledge and support, you can take the necessary steps to resolve the issue and protect your rights.

How Daoud Legal Can Help With Your SDRO Enforcement Order

Receiving an SDRO enforcement order can be a stressful and overwhelming experience, but it's important to remember that you have options. By understanding your rights, exploring the available avenues for resolving the issue, and seeking legal assistance if needed, you can navigate this process and achieve a favourable outcome.

At Daoud Legal, our team of experienced criminal defence and traffic lawyers is here to help you every step of the way. Don't hesitate to reach out to us for a free consultation and let us guide you through the process of dealing with an SDRO enforcement order.

FAQs about SDRO Enforcement Orders

What is an SDRO Enforcement Order?

An SDRO Enforcement Order is an official notice issued by the State Debt Recovery Office (SDRO) in NSW to enforce the payment of an outstanding fine or penalty. It is a legal enforcement action taken against individuals who have not paid their fines.

How do I receive an SDRO Enforcement Order?

You may receive an SDRO Enforcement Order if you have failed to pay a fine or penalty notice within the specified due date. The enforcement order is typically issued after the initial notice goes unpaid.

What are my options when an SDRO Enforcement Order is issued?

When an SDRO Enforcement Order is issued, you have the option to pay the fine, apply to annul the enforcement order, or seek legal advice to understand your rights and options.

Can I challenge an SDRO Enforcement Order?

Yes, you can seek legal assistance to challenge an SDRO Enforcement Order by submitting an annulment application or appealing the decision through the appropriate legal channels.

What happens if I fail to respond to an SDRO Enforcement Order?

If you fail to respond to an SDRO Enforcement Order within the specified timeframe, further enforcement actions may be taken.

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