There is a maximum penalty of 5 years imprisonment and/or a fine of 600 penalty units for a person found guilty of the charge of Possession of precursor chemicals.
Possession of precursor chemicals is a very serious offence that will normally mean that you will serve a prison term if you are found guilty. This type of charge is heard in the County Court. It is an unusual charge as people are normally found with the drug itself rather than the means of producing it.
In essence to prove this charge the Prosecution must show that the accused possessed a prescribed quantity of a chemical without lawful excuse and that chemical was a prescribed precursor chemical.
Defences to this can be in relation to what was actually the substance that the Police have seized. Factual disputes about who and when materials were seized. There could also be situations where the intent to possess would be an issue.
It is a serious charge and you should ring us and discuss your case if you have been charged.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer. If you are found guilty you may serve a term of imprisonment and so should talk to a lawyer.
This is legislation that comes from section 71D of the Drugs, Poisons and Controlled Substances Act 1981.
Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Possession of Precursor Chemicals, Conor O’Brien.