Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Drug Offences - NT
Drug Offences
Date: 09/01/2009
The Law -
The Northern Territory has the strictest drug offences in Australia. The law is contained primarily in the Misuse of Drugs Act (NT) and a range of Commonwealth Legislation which includes the Customs Act, Narcotic Drugs Act and the Psychotropic Substances Act.
There are a number of important provisions which need to be carefully considered when a defendant is charge with a drug related offence. Of particular significance is Section 37(2) and Section 37(6) of the Misuse of Drugs Act.
Maximum Penalty - Drug Offences
Section 37(2) provides that a person is to receive 28 days imprisonment for their second or subsequent drug offence unless there are particular circumstances of the offence and/or the offender. There is a substantial amount of case law which justifies the court finding particular circumstances of the offence in the offender which avoids the person being required to serve 28 days imprisonment.
Specialist advice needs to be given by one of our criminal lawyers if you have a prior conviction for drug offending even in the Northern Territory or interstate and have been charged with a further offence.What the prosecution must prove - Drug Offences
To be advised.
Possible Defences - Drug Offences
To be advised.
The Court process - Drug Offences
To be advised.