3. Sentencing
There is no mandatory sentencing tariff for simple possession. However, when determining the starting point for sentencing, the most weighty factor is the nature and quantity of the dangerous drug. The courts will also consider a number of factors, such as the drug’s purity.
Usually the courts will adopt a three-step approach when sentencing possession of dangerous drugs. First, the courts will determine a starting point between 12 to 18 months’ imprisonment for mere possession for a quantity normally seen in bona fide users, quantity being the main governing factor. Then the starting point is increased or enhanced to take account of the risk to society of the drugs being redistributed or falling into the hands of others in a particular case, whether the defendant is a persistent offender or has previous convictions for other drug offences to arrive at the total sentence. Finally, mitigating factors such as guilty pleas, the defendant’s personal background, steps taken to address any problems with drug abuse etc. will be taken into consideration to adjust the final sentence.
For very small quantities of dangerous drugs clearly for personal consumption, the courts generally adopt a less stringent approach, often considering non-custodial sentences such as fines, probation orders, or community service orders, especially for first-time offenders. For repeat offenders, however, the courts will often consider sentencing the defendant to Drug Addiction Treatment Centre.
On conviction upon indictment, the maximum penalty is a fine of $1,000,000 and, subject to section 54A, to imprisonment for 7 years.
On summary conviction, the maximum penalty is a fine at level 6 (currently $100,000) and, subject to section 54A, to imprisonment for 3 years.
Section 54A provides that the court must generally consider a report on the offender’s suitability for drug addiction treatment and rehabilitation before imposing a custodial sentence.
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