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NSW Friend Charged for Possession of Drugs - Options Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Canpoledance, 2 January 2016.

  1. Canpoledance

    Canpoledance Member

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    I have a friend who has been to court once charged I believe with possession of drugs, 5 g of methamphetamine on the 16/12/2015. She is now in jail until the 3/2/2016 for sentencing. She is Korean; her English is not great. Is this normal? Also is it possible to get her released on bail?

    I've even heard of people with similar offences being able to just visit a police station once a day for a check in until there's a sentencing date. I just believe this seems to be extreme considering it's her first offence.

    Any answers relating to Criminal Law would be fantastic or a guide to what can be done.
     
  2. JS79

    JS79 Well-Known Member

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    According to NSW law, 3g is considered a traffickable amount of methamphetamines. The 5g will carry a presumption that she was trafficking and she will have to rebut that presumption or she is up for the maximum penalty - up to 15 years imprisonment.
     
  3. Canpoledance

    Canpoledance Member

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    Ok. They let murders out on bai, why do you think she was not offered bail?
     
  4. JS79

    JS79 Well-Known Member

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    Did she instruct her lawyers to apply for bail? (assuming she has a lawyer)
    if she doesnt have a lawyer - she needs one asap!
     
    Tim W likes this.
  5. Tim W

    Tim W Lawyer

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    If she's a Korean national then she's probably a flight risk.
    The court may have refused bail (even if there was an application) in order to keep her in Australia
    so that she can have her matter dealt with.

    There are some first class lawyers in NSW with Korean background.
    You can find Korean speaking lawyers using this.
     

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