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Drug Offence Lawyers on The Sunshine Coast, QLD
If you are facing drug possession, trafficking, manufacturing, supply, or any other drug-related charges, it is critical that you hire a skilled lawyer as soon as possible.
In Queensland there are mandatory minimum sentencing requirements in place that mean being found guilty will have serious and lasting consequences.
In some cases, these mandatory minimum sentences can translate into decades in prison.
In addition, under the Drugs Misuse Act, Queensland Courts can impose fines both instead of or as well as prison sentences.
Fines start at $13 055 if you are convicted in summary proceedings but can be as much as $652 750 if convicted on indictment.
Below is an outline of some of the more common drug offences in Queensland. There are many more though, and it is important to understand the details of the charges you face and how they relate to the specifics of your circumstances.
Trafficking in dangerous drugs (Section 5 of the Drugs Misuse Act):
If there is proof that business was being carried on, then even a single sale of a quantity of a drug constitutes drug trafficking. Depending upon the type of drug, these offences are punishable by between 20 – 25 years in prison.
Under the Corrective Services Act (s 182a), a mandatory minimum non-parole period of 80% is in place, meaning that 80% of a sentence needs be served before reaching eligibility for release or parole. The law is written in such a way that Queensland courts have no discretion to reduce this percentage.
Supplying dangerous drugs (Section 6 of the Drugs Misuse Act):
Supplying a dangerous drug relates to selling, offering or preparing to sell drugs. Penalties for this offence can range from 15 to 20 years imprisonment. Aggravating conditions (such as trafficking to a minor, to a person with an intellectual disability, or within an educational or correctional facility) may result in increased penalties.
Possessing dangerous drugs (Section 9 of the Drugs Misuse Act):
Possession offences can be classified in three different ways: actual, constructive or joint. Actual possession relates to physical possession (on your person) as well as non-physical possession (such as locked in your car). Constructive possession occurs when the drugs are in the possession of one person but another has access or the right to obtain them (for example if they are in the pocket of a coat in a cloakroom). Joint possession occurs when more than one person has possession at the same time (for example if a drug-based cigarette is passed around at a gathering).
To be found guilty of drug charges, the prosecution must be able to prove that you had both knowledge of and control over the drug involved. However, both of these can be deemed proven based on inferences drawn from the situation as a whole.
Other offences under the Drugs Misuse Act relate to:
- Possessing, supplying and producing dangerous drugs
- Possessing prohibited combinations of certain items (e.g. chemicals commonly used to manufacture dangerous drugs)
- Publishing or possessing instructions for producing dangerous drugs
- Possessing things used in connection with a crime involving dangerous drugs
- Possessing certain property reasonably suspected of having been used or involved in the commission of some drug-related offences
- Permitting premises to be used for drug offences
- Receiving/possessing property obtained from trafficking or supplying dangerous drugs)
- Producing dangerous drugs.
If you have found yourself facing drug charges in Queensland you need an experienced lawyer on your side. Mandatory minimum sentences mean you need to give yourself the very best chance of avoiding conviction.