Each year around 17,000 Queenslanders are charged with some form of drug offence. Getting clear advice from an experienced criminal lawyer can make all the difference to the outcome of a drug charge in the Brisbane Courts.
At Clarity Law was have been representing clients from Brisbane charged with drug offences such as drug possession , drug supply, drug production and trafficking since 2010. If you need a lawyer for your drug charge in Brisbane we would be happy to represent you.
Possession
It is an offence in Brisbane to possess certain drugs which are considered to be dangerous drugs. Drug possession is the most common drug offence heard in the Brisbane Courts. The law states that a person who possesses a dangerous drug is guilty of a crime. The prosecution has to prove beyond reasonable doubt two things, that:
- the thing in question was a dangerous drug
- the person had it in his/her possession.
Possession involved both physical possession and custody of the drugs, it is not relevant who actually owned the drugs. Therefore a person could be charged with drug possession for having someone else’s drugs in say their bedroom. It does not matter that the person did not intend to consume the drugs only that they had possession.
The following are some of the defences to possessing a dangerous drug;
- If the defendant can prove that he or she was not aware, reasonably and honestly did not believe or had no knowledge or reason to suspect that the drug in question was in his possession.
- That the defendant was under duress at the material time.
The penalty for the possession of dangerous drugs depends on the type and the quantity of the drug and certain other considerations such as whether the defendant is drug dependent. The maximum sentence is 25 years imprisonment.
The Magistrates Court can only deal with certain possession charges where the prosecution is not alleging any commercial intent with the possession and the amount of the drug is less than the limits in schedule 4 of the Act. Dangerous drug cases are dealt with in the District or Supreme Court where the amount of drugs exceeds the limit of the Magistrates Court. Generally the limit for most drugs to be heard in the Magistrates court are 2 grams and 500 grams for cannabis, though there are a number of exceptions.
In most cases of simple possession of a small amount of drugs a first time offender can expect to receive a fine or drug diversion. If a fine is imposed the court must decide whether to impose a conviction or not. If drug diversion is imposed no conviction will be recorded.
We have a dedicated Drug Possession Charge page with lots more information.
Supply
A person who unlawfully supplies a dangerous drug to another, commits the offence of “supplying dangerous drugs.” The offense can be committed either in its simple form or the aggravated form. Aggravated form attracts harsher penalties. To prove a supplying drugs charge the prosecution has to establish that;
- The thing was one specified as a dangerous drug by the Drug Misuse Act 1986,
- The drug in question was unlawfully supplied, and
- The alleged person was actually the supplier.
The word “supply” is broadly defined and means;
- to give, distribute, sell, administer, transport or supply
- any offer to do any of those acts and
- doing or offering to do any act preparatory to, in furtherance of or for the purpose of any those acts.
“Unlawfully” means without authorisation, justification or excuse by law. Penalty for the offence of supplying dangerous drugs depends on two factors.
- The schedule which specifies the drug is question.
- Whether the supply of the drug leads to an aggravated offence in the circumstances.
The maximum penalty for the aggravated supply of a drug specified in Schedule 1 is 25 years imprisonment whereas the penalty for the simple form is 20 years. As for the drugs specified in Schedule 2, 20 years imprisonment is for the aggravated supply, and 15 years imprisonment for simple form of the offence.
The charge will in most cases be dealt with in the District court for the supply of a schedule 1 drug or the Magistrates court for the supply of a schedule 2 drug.
Production
According to Section 8 of the Drugs Misuse Act, a person who unlawfully produces a dangerous drug is guilty of a crime. Again it is the duty of the prosecution to establish beyond reasonable doubt that the alleged person actually produced the drug in an unlawful manner and that the drug is one specified in Schedule 1 or 2 of the Drugs Misuse regulations 1987. However, the sentence the convicted person will receive depends on several factors.
- The type of the drug as specified by Schedule 1 and 2,
- The quantity of the drug, and
- The purpose of producing the drugs.
The maximum penalty is 25 years imprisonment. However, the court usually considers all the other relevant factors when sentencing the person convicted of the offence and therefore the sentence can be reduced to in most circumstances.
These types of offences can range from growing a small amount of cannabis to producing schedule 1 drugs in a drug lab.
Trafficking
This is the most serious of all the drug charges. It involves supplying drugs as part of a commercial operation. In most cases the police will have attempted to intercepted phone calls and texts to provide the commercial intent.
The charge will start off in the Magistrates Court but will be transferred or committed to the Supreme Court to be resolved.
Court Drug Diversion
For certain less serious drug offences the Brisbane Magistrates Courts might allow a person to attend drug diversion and not be punished further.
The amount of drugs must be minor and for personal use and you must plead guilty to the offence. The charge must be possession of drugs and cannot be supply or trafficking.
Details of the course can be found here
Qld drug schedules
Schedule 1 drugs are considered to be the most dangerous drugs; the penalties in relation to them are more severe. A few examples for the schedule 1 drugs are cocaine, heroin, LSD, amphetamines and speed.
Drugs specified in Schedule 2 are considered to be comparatively less dangerous than those which mentioned in Schedule 1, although both these categories are referred to as “dangerous drugs”. Drugs which fall within the second category include Cannabis, Morphine, prescription drugs where a person does not hold a prescription and synthetic drugs.
Trafficking v Supplying drugs
The main difference between supplying drugs and trafficking drugs is that trafficking suggests more than just a few isolated sales of drugs it is the carrying on the business of selling drugs for financial reward.
No conviction for drug charges
It is often possible to get no conviction recorded for certain drug offences. It very much depends of the circumstances of the offence however the courts generally look at:
- The offenders age and character
- The impact that recording a conviction will have on the offenders economic and social wellbeing and chances of finding employment
- The nature of the offence
If however a period of imprisonment is imposed by the court, even if it is suspended, then a conviction must be recorded.
Drug offence penalties
The potential penalties for a drug offence can vary wildly from a small fine or drug diversion up to actual imprisonment.
Generally the factors the courts look at when deciding on the penalty for a drug offence are;
- A offenders criminal history
- The drugs involved
- The amount of drugs
- The harm or potential harm of the offence
- The offenders personal circumstances
- The offenders age
An experienced criminal defence lawyer can advise further on what a penalty may be.
Brisbane Courts
There are two Magistrates Courts, a District Court and a Supreme Court that can potentially hear different types of drug charges in Brisbane
Brisbane Magistrates Court (arrest Court)
240 Roma Street
Brisbane Qld 4001
Brisbane Magistrates Court
363 George Street
Brisbane Qld 4001
Brisbane District and Supreme Courts
415 George St
Brisbane City QLD 4000
Why Hire a Lawyer for a drug charge?
Drug charges can have serious consequences. The recording of a conviction would likely see an offender prevented from travelling overseas and could affect their ability to obtain employment.
The penalty for more serious drug offences can also include a prison sentence. Obtaining legal advice and assistance from an experienced criminal defence lawyer is essential. A good drug offence lawyer will be able to negotiate with the prosecutor to try and reduce the seriousness of the charges and plan out the best way to reduce the penalty and the consequences of the charge.
Why Choose Clarity Law for your drug charge?
Experience and understanding. You need a lawyer that truly knows how to run a drug charge matter in the court but also one that takes the time to properly explain the process to you.
Our Brisbane office
BLUEDOG BUSINESS CENTRE
Level 1/16 McDougall St,
Milton QLD 4064
Phone: 3067 7017
What do you charge?
We charge a flat upfront fee for our services that means no hidden charges or unexpected bills.
Our fees include:
- full preparation for court including checking for defences and devising strategy to minimise penalty
- negotiations with the prosecutor including obtaining criminal history and charge documents
- all telephone calls, faxes emails and meetings with you
- detailed information to you on the likely penalty and information on what will happen at court and afterwards
- appearing in the court with you to conduct your guilty plea
To see what we will for a guilty plea on a drug charge click here
Other articles that may be of interest
- Your right to silence
- Negotiating with a Prosecutor in Queensland
- Court character references
- The difference between a conviction and non-conviction
- Declining a police interview
Contact us
If you want to engage us or just need further information or advice then you can either;
- Use our contact form and we will contact you by email or phone at a time that suits you
- Call us on 1300 952 255 seven days a week, 7am to 7pm
- email This email address is being protected from spambots. You need JavaScript enabled to view it.
Ther is no obligation if you contact us. We will provide you with further information and guidance and a quote for our services and leave you in peace to make a decision on what you want to do.
