Review of the Police Powers (Drug Premises) Act 2001 - NSW ...

as evidence that the charge was not inappropriate. However, a health professional from Cabramatta put forward another perspective on
why people may have pleaded guilty to those offences in relation to which a reverse onus applies:
The people I am aware of that have been charged under the Act are often illiterate and inarticulate, they may not have an
understanding of the law and their past experience has been very negative. They believe that they will not get a fair hearing therefore
they don’t try to explain themselves. 646
We note here again our discussion and recommendations at Chapter 6 in relation to the offences in the Act.
7.6.3. Charges laid against young people on drug premises in Cabramatta
Concerns were raised that the Act may have a disproportionate impact on particular groups, such as young people. The practice
of employing young people to sit in drug premises in Cabramatta was discussed in Parliament. Concern was expressed that the
Drug Premises Act may be used against these young people, and that they may become the “fall guys for the real drug supplier”. 647
Commenting on the involvement of young people in drug premises, one member of the Legislative Council said:
The controllers already protect themselves by employing young people to sit in apartments, and by taking over apartments from
innocent parties. Therefore, those suffering the penalties under this legislation are likely to be minor players only. 648
Researchers on the drug trade in Cabramatta have also commented on the practice of using young people to staff drug premises. One
academic reported that in Cabramatta, flats are organised by dealers who set up a few kids with a play station and a TV so that they can
deal drugs from the premises. 649 These premises may be houses, flats or squats.
Our research findings indicate that 14% of those charged with the offence of on, enter, leave drug premises in Cabramatta were under
18. One Cabramatta detective we spoke to said that he would have expected that more young people would have been involved in drug
premises, but “generally most seem to be adults”. 650
Figure 18: Age of persons charged in Cabramatta for
“on/enter/leave drug premises, 1st offence” (n=79) 651
25 – 29
30 – 39
40+
Under 18
16% 5%
35%
1%
14%
29%
Source: COPS database.
Age Unknown
18 – 24
In Cabramatta, no young people were charged with
the offence of organise, conduct assist drug premises,
nor were any young people charged with the offence
of allowing a premises to be used as a drug premises.
In a submission to our discussion paper from the NSW
Users and Aids Association (NUAA), it was argued that
organising drug premises may connote a higher level of
involvement in the drug related activities on the premises,
than being found on drug premises. 652 The fact that no
young people were charged with these offences may
reflect a tendency for young people to be less involved in
the organisation of the drug premises.
There were also instances in which children were found
on drug premises but were not charged. We are aware of
an incident in which police chose not to charge a young
person for a drug premises offence, despite the fact that
they had information that may have enabled them to do
so. In this instance, police had “numerous intelligence
reports” 653 of drug dealing at the unit and had questioned
drug users after they had left the unit. One of these drug
users had said “a little kid sold to him out the window”. 654
When police entered the premises, they found a woman,
her boyfriend and several children. Police charged the two
adults inside the house, and a third man who came to the
window with 7.5 grams of heroin just before the warrant
was executed, but none of the children were charged. 655
646 Submission, Health Professional, received 30 August 2003.
647 The Hon. Ian Cohen, NSW Parliamentary Debates, 7 June 2001, p. 14636.
648 The Hon. Richard Jones, NSW Parliamentary Debates, 7 June 2001, p. 14630.
649 Interview, Academic, 14 November 2002.
650 Focus group, Cabramatta police, 2 July 2003.
651 103 people were charged in Cabramatta, but some people were charged more than once, bringing the figure to 118.
652 Submission, NSW Users and Aids Association, 5 August 2003.
653 COPS event narrative, event narrative 1, Drug Premises Incident 29.
654 Focus group, Cabramatta police, 2 July 2003.
655 COPS database.
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NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001