If you have been caught with drugs either on you or in your possession you may be charged with possess prohibited drug. Section 10 (1) of the Drug Misuse and Trafficking Act 1985 states that a person who has a prohibited drug in his or her possession is guilty of an offence.

In order to be found guilty of possess prohibited drug, the prosecution must prove beyond reasonable doubt that:

• You had a prohibited drug in your possession
• You had knowledge that the prohibited drug was in your possession

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of possess prohibited drug, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge or magistrate will read when sentencing you. The facts the judge or magistrate reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The maximum penalty for drug possession is 2 years imprisonment and/or a $2,200 fine. However, speak to one of our experienced lawyers today as you may explore the best options available to you such as no conviction recorded on your criminal history better known as Section 10 for minor drug offences.

Pleading Not Guilty

If you disagree with the possess prohibited drug charge, then it is best you enter a plea of not guilty. It is worth noting that the drugs that were found in your possession do not need to belong to you, for you to be charged.

The drugs that were in your possession may belong to someone else the fact that you knew or should have known will be enough to charge you with possess prohibited drug.

Defences that can be used in possess prohibited drug charges are:

• Honest Mistake or Knowledge- Where you honestly did not know that the drugs had been planted on you.
• Not having exclusive possession- where the drugs were found in a common area of a shared home or car and not exclusively in your possession.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you had a prohibited drug in your possession and that you knew the prohibited drug was in your possession.

If the prosecution fails to prove these elements, then you will be found not guilty.