Use/Self administer a prohibited drug

A person can be charged with use/self-administer a prohibited drug if they swallow, snort, inject, smoke, ingest or otherwise consume prohibited drugs. They can also be charged if they are caught attempting to do any of these things.

Case law/Jurisdiction
An offence of use/self-administer a prohibited drug is an offence which is to be dealt with in the Local Court

Oftentimes in self-administer charges where there is no drug for analysis the prosecution may seek to rely on any admission made by the accused in the attempt to prove the charge. For this reason, it is very important to ensure no hearsay is allowed in the proceedings. If you do make admission and they are not hearsay this may be used in evidence.

What must the prosecution prove?

Since self-administer a prohibited drug is a criminal offence, the burden of proof lies on the prosecution.

The prosecution must prove the accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of self-administer a prohibited drug.

To establish possession, the prosecution must prove each of the following matters beyond reasonable doubt

  • That you administered or attempted to administer a substance;
  • That substance was a prohibited drug; and
  • That you administered or attempted to administer the substance to yourself.

The Law

The offence of use prohibited drug is referred to as ‘Self-administration of prohibited drugs’. It is contained in section 12 of the Drug Misuse and Trafficking Act 1985 (NSW) and states:

A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of an offence.

Nothing in this section renders unlawful the administration or attempted administration by a person to himself or herself of a prohibited drug which has been lawfully prescribed for or supplied to the person.

Contact Us Now!

    If you are charged with the offence of Self-Administer Prohibited Drug what are your options?

    National Criminal Lawyers have been successful in defending a number of self-administer prohibited drug charges where the prosecution could not establish each of the elements of the offence. We have also achieved a number of non-convictions for self-administer prohibited drug charges.

    NCL offer the following options for those who have been charged with self-administer prohibited drug.

    1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
    2. NCL will plead not guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
    3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
    4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

    Fequently Asked Questions

    Why National Criminal Lawyers?

    There are three reasons to choose National Criminal Lawyers:

    1. We get the results

    We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

    2. We give a Senior Defence Lawyer guarantee

    No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

    3. National Criminal Lawyers are the best defenders of your rights

    At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

    If you have been charged with any Use Prohibited Drug offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

    Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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