Review of the Police Powers (Drug Detection Trial) Act 2003 - NSW ...

3.4.1. Drugs seized
Seven indictable quantities of drugs were seized as a result of the 23 operations conducted. Six of the seven seizures
resulted from searches on three vehicles and/or their occupants. The seventh indictable amount seized was located
alongside a garbage bin near a check point.
No indictable quantities of cannabis were seized. However, indictable quantities of amphetamine (9.0g, 9.5g, 11.0g,
and 12.5g), ecstasy (10.7g (40 tablets)), cocaine (6.74g), and nexus (1.39g) were seized.
The most commonly seized drug was cannabis (123 occasions). A total of 1490.39 grams of cannabis was seized,
which, if found on a single occasion, would amount to an indictable quantity of cannabis. The median cannabis
seizure was 3.0 grams, which is one-tenth of the prescribed small quantity of cannabis (30 grams). Seven cannabis
seizures (6%) were greater than the prescribed small quantity (31.9g, 36.0g, 36.0g, 42.0g, 57.0g, 227.8g, and
426.0g). The largest single seizure of cannabis was 426.0 grams.
The next most commonly seized drug was amphetamine (19 occasions). A total of 68.08 grams of amphetamine
was seized. The median amphetamine seizure was 1.5 grams. The largest single seizure of amphetamine was 12.5
grams. Four of the 19 seizures of amphetamine were initially considered to be of an indictable quantity.
A total of 15.5 grams of ecstasy was seized (8 occasions). The median ecstasy seizure was 0.6 grams. The largest
single seizure of ecstasy was 10.7 grams (40 tablets), the only indictable quantity detected.
A total of 11.94 grams of cocaine was seized (4 occasions). The median cocaine seizure was 2.1 grams. The largest
single seizure of cocaine was 6.74 grams, the only indictable quantity detected.
An indictable quantity of nexus (1.39 grams) was seized on the only occasion the drug was detected.
A small amount of white powder suspected of being heroin was seized. However, this was not analysed as it was
inadvertently destroyed.
A number of cannabis smoking implements such as bongs and pipes were also seized.
3.4.2. Legal actions
The most common legal action resulting from drug seizures was the issue of a cannabis caution (78 occasions),
which demonstrates that police exercised appropriate discretion when detecting persons found with small amounts
of cannabis. 104
A total of 60 persons were charged with drug-related offences including:
• possess prohibited drug 105 (70 charges)
• possession of equipment for administering prohibited drugs 106 (9 charges)
• drive while under the influence of drugs 107 (1 charge)
• supply prohibited drug 108 (5 charges)
• supply prohibited drug > small and indictable quantity (not cannabis) 110 (5 charges).
A number of other non drug-related charges were also laid including:
• drive with low/mid/high/special range PCA 111 — commonly known as ‘drink driving’ (12 charges)
• never licensed person drive vehicle on road
• drive while disqualified from holding a licence
• drive while licence suspended
• unlicensed driver for class
• use unregistered registrable Class B or C motor vehicle
• possess unregistered firearm-pistol
• possess unauthorised pistol
• possess ammunition without holding licence/permit
• custody of knife in a public place
• goods in custody suspected of being stolen
• receive stolen goods, and
• deal with property suspected of being proceeds of crime.
NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003
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