There are various criminal charges associated with drugs, including:
- Deemed Supply;
- Importation; and
- Conspiracy to Manufacture;
Drug related offences range in penalties depending upon the type and quantity of the drug as well as whether the offence can be characterised as mere possession or involves supply, importation or manufacture. For serious offences each charge can carry penalties up to 20 years imprisonment and fines of $385,000 as well as having consequences for the forfeiture and seizure of assets.
When charged with a Drug related offence it is essential to have someone on your side who understands the law and can advise you on what the Police are required to prove. We can assist you to not only marshall the best defence to charges, but when needed, to put your case in mitigation before the Court to get you the best possible outcome in sentencing.
We have experience acting in all Drug related offences. Our legal knowledge, experience and expertise ensure that not only will we understand your situation, but we will be able to assist you with ensuring you receive the right result.
Section 10(1) of the Drug Misuse and Trafficking Act 1985 states that “a person who has a prohibited drug in his or her possession is guilty of an offence”. The maximum penalty for the offence of drug possession is a fine of 20 penalty units and/or 2 years imprisonment.
You could be found guilty of committing this offence, if the police can prove the drug in your possession and that it is prohibited. Possession is something which can be difficult for police to prove, for istance where drugs are found in premises occupied by a number of people. To prove the drug is a prohibited drug the police must follow strict procedures for testing the drug which if not complied with can result in charges being dismissed.
In certain circumstances there are defences available to this offence such as where the drug is being taken for medical reasons or being used for the treatment of someone in your care.
Drug supply is a charge sometimes laid based solely upon the quantity of the drug found, such that it is a deemed supply. In other cases the police have to prove the act of supplying a drug to others.
The Customs Act sets out offences including importing drugs or their illegal ingredients as well as dealing with imported drugs after they have been brought into the country. Charges for such offences often involve charges of conspiracy. Conspiring is where two or more people make an agreement to commit a criminal act. The law governing these areas is complex. You will benefit from the experience we have gained in defending similar charges.