The use of a drug of dependence is the sort of charge that is regularly heard in the Magistrates Court. It would be hard to imagine the situation where you would get an actual gaol term to be served unless you were in breach of a suspended sentence or some other form of deferred sentencing.
In essence, to prove this charge the Police must show that the accused used or attempted to use a drug of dependence. Using drugs is normally proven by a person saying in an interview yeah I have been smoking drugs.
Defences to this can be authorization or license, duress, factual dispute, honest and reasonable mistake of belief, wrongful identification, lack of intent or mental impairment.
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 75 of the Drugs, Poisons and Controlled Substances Act 1981.
Further information on Use of a drug of dependence
In a case of Use of a drug of dependence, the following defences may be applicable to the charge:
- Honest and Reasonable Mistake of Belief
- Lack of Intent
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Use of a drug of dependence?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Use of a drug of dependence?
The legislation for this offence can be found on section 75 of Drugs, Poisons and Controlled Substances Act 1981.
Case studies related to the charge of Use of a drug of dependence:
Media articles related to the charge of Use of a drug of dependence:
- Australia could alleviate its youth justice crisis by importing the right ideas from the US
- Report calls for decriminalisation of drugs
- Kenya to Kalgoorlie: Discovering life after drugs thanks to outback rehab
- Government consults addicts on new laws to force drug users into rehab
- Explosion in thefts drives Victoria’s spiralling crime rate
Links to further information about the charge of Use of a drug of dependence:
Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of Use of a Drug of Dependence, Andrew George.