Offences Archive - Cityscape Lawyers

Allowing use of premises as a drug premises – s 36Y Drugs Misuse & Trafficking Act 1985 (NSW)

This is where an owner or occupier of any premises (eg. building, aircraft, vessel, place) knowingly allows the premises to be used for the supply or manufacture of drugs. It is not necessary that drugs are located on the premises or on the person charged.

Entering a drug premises s 36X Drugs Misuse & Trafficking Act 1985 (NSW)

Police will usually charge a person with this offence after a surveillance of a property reveals that a person has attended the premises regularly, and at times that warrant suspicion. For example, suspicion may be aroused where a person regularly arrives at the property in the morning and leaves at night.

Ongoing Supply of Prohibited Drugs – s 25(A) Drugs Misuse & Trafficking Act 1985 (NSW)

This is an offence of supplying prohibited drugs (except cannabis) on three separate occasions or more, in exchange for money or other reward, within a 30-day period. It does not need to be the same prohibited drug that is supplied on each occasion.

Deemed Supply – s 29 Drugs Misuse & Trafficking Act 1985 (NSW)

Under section 29 of the Drugs Misuse and Trafficking Act 1985 (NSW), a person is deemed to be supplying a prohibited drug when a traffickable quantity, or more, is found in his or her possession. Police do not have to prove an intention to supply the prohibited drug.

Supply Prohibited Drug – s 25 of the Drugs Misuse and Trafficking Act 1985 (NSW)

Under section 25 of the Drugs Misuse and Trafficking Act 1985 (NSW), a person may be charged with this offence where it is suspected that he or she supplied or knowingly took part in the supply of a prohibited drug.

Possession of Prohibited Drug – s 10 Drugs Misuse & Trafficking Act 1985 (NSW)

Possession is defined as intentionally having exclusive physical custody or control of the prohibited drug. It need not be ownership; rather possession is where a person has the right to exclude other people from what is being possessed. This may be temporary or permanent.

Offensive language in or near a school or public place – s 4A Summary Offences Act 1988

When a person uses foul or offensive language in or near, or within hearing from a public place or school, then a person may be charged with this offense.

Use a carriage service to threaten (serious harm or to kill) – sECTION 474.15 of the Criminal Code Act 1995.

This is where a person uses a carriage service to send communication that threatens serious harm or death to another person (including a third person). Communication is ‘by means of guided or unguided electromagnetic energy or both.” This includes, but is not limited to: text or phone messages, emails, and messages sent via videoconferencing, Instagram or Facebook.

Use a carriage service to menace, harass or offend –s 474.17 of the Criminal Code Act 1995

This is where a person uses a carriage service to send communication that offends, harasses, or menaces another person. both.” This includes, but is not limited to: text or phone messages, emails, and messages sent via videoconferencing, Instagram or Facebook.

Offensive conduct in or near a school or public place – s 4 Summary Offences Act 1988

When a person conducts themselves offensively in or near, or within hearing from a public place or school, then a person may be charged with this offense. For the purposes of this section only, a person cannot behave in an offensive manner merely by using offensive language.

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