To be found guilty of drug possession, police must prove both:

Knowledge: you knew the drugs were in your custody or control

Control: the drugs were found in a place you exclusively possessed, like your pocket, bag, or room

Yes, but police must prove exclusive possession or joint possession with intent. If multiple people could have had access, this can be used as a defence—commonly referred to as the Filipetti argument.

Under s29 of the Drug Misuse and Trafficking Act, if you’re found with more than the “traffickable quantity” of a drug, the law presumes you intended to supply it—even without evidence of selling. You can defend this by proving the drugs were for personal use only.

What is the ‘traffickable quantity’ of drugs?

It varies depending on the drug. For example:

Ecstasy: 0.75g

Cannabis: 300g If you’re caught with more than this, a supply charge can be laid—even if there’s no other evidence like scales or cash.

Yes, if the quantity involved is small or indictable but not commercial. Sections 30 and 31 of the Act allow some supply matters to be heard in the Local Court, where maximum penalties are reduced.

What is the maximum penalty for drug possession in NSW?

For summary offences in the Local Court:

Up to 2 years imprisonment and/or

20 penalty units (approximately $2,200)

However, if this is your first offence, the Court may consider alternatives like a Section 10 dismissal, which means no conviction is recorded.

Under Section 10 of the Crimes (Sentencing Procedure) Act 1999, the court can find you guilty but choose not to record a conviction. This is more likely if:

It’s your first offence

The amount of drugs was small

You show remorse and provide character references

There is a medical basis for drug use (e.g. pain relief)

The CCS allows police to issue a formal caution instead of charging you if:

You’re found with under 15 grams of cannabis

It’s for personal use

You have no prior drug convictions or more than 2 cautions If you were charged but meet the criteria, we can make representations to police for charges to be withdrawn and replaced with a caution.

You may have a defence known as the Carey defence. If you were only holding drugs to return to their owner and had no intention to distribute or use them, this may not meet the legal definition of supply.

Greenfield Lawyers are Sydney-based criminal defence specialists with deep experience in Local Court drug matters. Whether you’re charged with possession, supply, or deemed supply, we’ll protect your rights and fight for the best outcome.

Contact Us:

Call us on 0422 372 695

Email: greenfieldcriminallawyers@gmail.com

Visit: greenfieldlawyers.com.au

An ADVO (Apprehended Domestic Violence Order) is for people in a domestic relationship. An APVO (Apprehended Personal Violence Order) is for people outside a domestic relationship, such as neighbours or colleagues.

The court can issue an AVO if the protected person has reasonable grounds to fear violence, intimidation, or stalking, and that fear is justified.

Common conditions include no contact with the protected person, no approaching their home or work, not damaging property, and no firearms possession.

Yes. Breaching an AVO can result in up to 2 years imprisonment, a fine, or both. It is a serious criminal offence.

No. AVO

The offence commenced before 1 July 2024, with a new definition of “domestic abuse” inserted into the Crimes (Domestic and Personal Violence) Act 2007 effective 1 February 2024.

Examples include:

Isolating someone from friends and family

Controlling access to money or employment

Monitoring phones or installing spyware

Repeated threats or emotional blackmail

Shame-based or degrading behaviour

To secure a conviction, police must prove:

1. A course of abusive behaviour toward a current or former intimate partner;

2. An intention to coerce or control the complainant;

3. That a reasonable person would find the conduct likely to cause fear of violence or a serious impact on day-to-day activities.

Yes. The law does not require proof of specific incidents like traditional assault cases. Instead, it assesses the totality of behaviours over time.

The maximum penalty is 7 years imprisonment.

Yes. Section 54E of the Crimes Act allows a defence if the conduct was reasonable in all the circumstances. For example, using tracking devices for legitimate child safety concerns may raise a potential defence depending on the facts.

Yes. Misidentification is common in coercive control cases. Police may mistakenly charge a victim who was responding to ongoing abuse. This is sometimes called reactive abuse. A skilled criminal lawyer can gather evidence to support your defence.

A coercive control conviction can impact Family Court proceedings, particularly custody decisions. Even dismissed charges may be used as evidence in family law under the lower civil standard of proof.

Do not make any statement to police without first seeking legal advice. Contact Greenfield Lawyers immediately. Our experienced criminal defence lawyers in Sydney can:

Analyse the brief of evidence

Identify legal and factual defences

Negotiate with police or prosecutors

Represent you in court

We are specialist criminal defence lawyers experienced in AVO and domestic violence cases

We act in all NSW courts

We provide honest, strategic advice tailored to your case

We understand the complex dynamics of domestic relationships

A “second or subsequent offence” means you’ve had a prior drink/drug driving conviction in the past 5 years. The penalties are harsher. It’s based on convictions, not when the offence happened. If you’re charged with two offences at the same time, the court may treat both as first offences if they’re sentenced on the same day.

Yes, but only in limited circumstances. Courts may give a non-conviction (a “section 10”) for less serious offences if you have no prior record. But if you’ve received a section 10 in the last 5 years for a similar driving offence, the court cannot give you another. Section 203 of the Road Transport Act limits this.

An interlock device is a breathalyser fitted to your car. For some offences (like mid or high-range PCA), courts must order one unless you’re granted an exemption. If you get an exemption, expect a longer licence disqualification.

Each offence has a minimum and automatic disqualification period. Courts usually give something between the two. If your licence was already suspended by police, that time counts toward your disqualification.

Yes. You may challenge the reading, question the timing of the test, or negotiate a plea to a lower range. Experts may be used to assess whether your reading was accurate at the time of driving.

Unfortunately, this is not a defence anymore. Drug driving in NSW is an offence of absolute liability — meaning even if the drugs were consumed unintentionally, you’re still guilty under the law (R v Narouz [2024] NSWCCA 14).

Police must test:
Breath or oral fluid: within 2 hours
Blood: within 4 hours If you’re in hospital, doctors can take your blood without your consent and without a time limit.

Sometimes. An appeal usually pauses the sentence, but if your licence was already suspended before the court case, the suspension may continue unless a judge orders otherwise.

Yes! HTO declarations were abolished in 2017. If you’re still disqualified because of one, you can apply to have it quashed. Courts often grant these applications — especially if your case is old or the penalty was unjust.

The law now recognises more types of criminal offences as domestic violence when committed in the context of a domestic relationship. These include:

Housebreaking offences

Use of a carriage service to menace or harass (Commonwealth Crimes Act)

Any act intended to coerce, control, intimidate, or cause fear

This broader definition allows courts to intervene and issue ADVOs in a wider range of harmful situations.

The definition of who can seek an ADVO has expanded. It now includes:

A person in a domestic relationship

A current partner who is concerned about the former partner of their spouse

Relatives living in the same household as the protected person (especially relevant in care matters)

There are two legal tests:

1. Objective and Subjective Test: The protected person (PINOP) must:

Genuinely fear (subjective)

Have reasonable grounds to fear (objective)
violence, intimidation, or stalking.

2. Objective Test Only: Applies to children, cognitively impaired persons, and now any person where:

There is a pattern of behaviour (more than one occasion)

A court is satisfied there are reasonable grounds to fear violence

The law removed the requirement for a victim to express fear—recognising that many victims may remain silent due to fear of retaliation.

The updated mandatory conditions now prohibit:

Assaulting or threatening the PINOP

Stalking, harassing, or intimidating the PINOP

Intentionally or recklessly damaging the PINOP’s property

Note: The terms “molest” and “interfere with” were removed and replaced with clearer language.

Previously limited to 28 days, the new law allows a provisional order to remain in place until:

It’s revoked, or

The final AVO is made/dismissed

However, it must still be listed for court within 28 days.

Yes. The District Court can now make a final AVO if the accused pleads guilty or is found guilty of a domestic violence offence. If the person is acquitted, the matter will still be referred back to the Local Court.

The Children’s Court can now issue or vary an AVO for the protection of a child and their relatives (if they live in the same property), even during care proceedings, provided there are no criminal charges involved.

No. Children cannot be cross-examined directly by an unrepresented defendant. The court must appoint a lawyer or a suitable person to handle the questioning, making this Local Court practice now a legislated rule.

Yes. AVOs can now be made in the absence of both the defendant and the PINOP, provided each has been given reasonable notice and it’s in the interests of justice.

If a child is involved:

Only the Police can apply to vary the AVO.

In private AVOs, other parties may apply, but the court may notify the police and require their input based on the best interests of the child.

Police now enjoy broader costs immunity in AVO matters, unless they:

Knowingly submit false/misleading information

Engage in unreasonable case management

Fail to disclose a decision to withdraw the matter

Also, costs may not be awarded if the PINOP becomes unfavourable or fails to attend court.

We are experienced AVO lawyers in Sydney with a deep understanding of the 2016 amendments. Whether you’re seeking an ADVO or defending one, we’ll guide you through every step with expert legal advice.

We appear in all NSW courts and specialise in domestic violence, AVO defence, and related criminal charges. We offer professional, strategic legal representation tailored to your circumstances.

Call us now or book a consultation on 0422 372 695 or greenfieldlawyers@gmail.com