An increasing number of people are facing prosecution for possessing prohibited drugs. The reason for this is an increased vigilance by police who have been picking up people who buy cocaine from dealers in motor vehicles.
This is a well-known activity in the suburbs of Eastern Sydney and the police have been watching. The cocaine deal typically starts when a group of people go out for a night over the weekend. After a couple of drinks, the buyer decides to up the ante and collect a bag of cocaine for the friends to share.
Once the buyer makes contact with the seller, they agree to meet in the seller’s vehicle. They take a spin around the block to make the exchange, and then the seller drops the buyer off. The plain clothes police who have been watching the deal from start to finish arrest the buyer.
Many buyers are first time offenders and this is their first criminal offense. If found guilty of possessing a prohibited substance he or she will face up to two years in jail and or 20 penalty units – the equivalent of $2,200.
Besides the size of the penalty, the big issue that the court must decide is whether to enter the matter as a criminal conviction against the person’s record. The magistrate does not have to do this for a first drug offence. The buyer can persuade the court to be lenient and save his record.
At this stage the dealer will not know that the police are monitoring his actions and will have had no interaction with the police. The police will continue to keep a watch on the dealer’s movements until they are ready to bring him in. Once the police have collected enough evidence, they will proceed to arrest him. The charge, in this instance, is Supply Prohibited Substance.
If the police have enough evidence to prove that the dealer has sold drugs on more than three occasions over a period of thirty days, they may lay a charge of suppling prohibited drugs on an ongoing basis.
If proven guilty the dealer will face a sentence of up to twenty years in jail and/ or 3500 penalty units which is the equivalent of $385,000.
Involvement in drugs is a serious offence. If you are charged with an offence relating to the buying or selling of drugs seek legal advice.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.