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Not Guilty Verdict in Drug Supply Case: 10 Grams of Cocaine Deemed Personal Use

 

In a decisive courtroom win, Steven Mercael of Criminal Lawyers Group has successfully defended a client charged with drug supply after police located 10 grams of cocaine in his possession. The client was found not guilty in the Local Court after the court accepted that the drugs were for personal use rather than for supply.


Case Background

The client, a professional man with no prior criminal history, was stopped and searched by NSW Police in inner Sydney. Officers located approximately 10 grams of cocaine, divided into multiple resealable bags, along with a small amount of cash. The client was charged with:

Supplying a Prohibited Drug under Section 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW)

Despite no observed transactions or other supply-related evidence, police proceeded with a supply charge based solely on the traffickable quantity (which for cocaine is 3 grams or more).

If convicted, the client faced a maximum penalty of 15 years imprisonment and/or a $220,000 fine, along with significant consequences to his employment, travel rights, and reputation.


Legal Defence Strategy

Upon being retained, Steven Mercael and his team at Criminal Lawyers Group acted swiftly to:

  • Examine the police brief and forensic evidence
  • Present evidence of the client’s history of personal use
  • Engage an expert toxicologist to confirm the quantity was consistent with personal consumption
  • Highlight the absence of any digital evidence, surveillance, or dealing paraphernalia
  • Cross-examine police officers on flawed assumptions about cash and packaging

The court ultimately agreed that the prosecution failed to prove beyond reasonable doubt that the drugs were intended for supply. The magistrate entered a verdict of not guilty.


Steven Mercael on the Case Outcome

“Our client was charged with a very serious drug offence —based entirely on quantity, not conduct,” said Steven Mercael, Principal Solicitor at Criminal Lawyers Group.

“We knew from day one this was a personal use matter, not supply. The challenge was overcoming the presumption that quantity equals intent. Thankfully, the court recognised the weaknesses in the prosecution case and justice prevailed.”


Quantities and Penalties for Supply of Prohibited Drugs (Cocaine) in NSW


Table 1: Prohibited Drug Quantities – Thresholds (Schedule 1 of the Drug Misuse and Trafficking Act 1985 NSW)

📘 Under Section 3 of the Drug Misuse and Trafficking Act 1985 (NSW), prohibited drugs are those listed in Schedule 1. Below are threshold quantities for common substances.

Drug Small Quantity Traffickable Quantity Indictable Quantity Commercial Quantity Large Commercial Quantity
Cannabis 30g 300g 1,000g 25kg 100kg
Cocaine 1g 3g 5g 250g 1kg
Ecstasy 0.8g 3g 5g 250g 1kg
Ketamine 2.5g 7.5g 12.5g 1.25kg 5kg
Norcodeine 1g 3g 5g 0.5kg 2kg

Table 2: Penalties for Drug Supply Offences in NSW

Quantity Class Court Jurisdiction Maximum Penalty
Small Quantity Local Court (Summary Offence) $5,500 fine and/or 2 years imprisonment
Traffickable Quantity Local Court (Summary Offence) $11,000 fine and/or 2 years imprisonment
Indictable Quantity District Court (Indictable) $220,000 fine and/or 15 years imprisonment
Commercial Quantity District Court (Indictable) $385,000 fine and/or 20 years imprisonment
Large Commercial Quantity Supreme/District Court (Indictable) $550,000 fine and/or life imprisonment

See the full legislation:
📘 Drug Misuse and Trafficking Act 1985 (NSW) – Section 25


Why Early Legal Advice is Crucial in Drug Cases

Police often lay supply charges based purely on weight—even where there’s no evidence of actual drug dealing. Without early, strategic representation, individuals risk serious penalties for what may be a personal use case.

Having an experienced defence lawyer like Steven Mercael can make the difference between a conviction and an acquittal.


⚖️ Need Help with Drug Charges?

If you’ve been charged with supply, possession, or any drug-related offence, contact Criminal Lawyers Group today. We provide:

  • Expert representation in drug and criminal matters
  • Strategic case preparation and evidence review
  • 24/7 availability for urgent arrests or bail applications

📞 Call now for a confidential consultation
📍 Serving all of Sydney and regional NSW

👉 www.criminallawyersgroup.com.au

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