If you are reading this because someone you (or someone care about) has been charged with a drug-related offence, you will be looking for someone to take you through the process that lies ahead.

At LAC Lawyers, we have solicitors who have extensive experience in this area. They have all achieved the results for their previous clients, and will strive to do the same on your behalf.

Drug Offences and Criminal Law

Under the Australian Criminal Code there are offences which relate to the import or export of border control drug or plant, possess such drug or plant which was illegally imported and posses such drug or plant reasonably suspected of being illegally imported. The crown has to establish that the person imported a substance that it was a border controlled drug or plant and the amount was a commercial quantity.

With importation there must be proof and intention to import so there has to be knowledge of the drugs. The intention can be inferred from an awareness that what was being imported contained narcotic goods.

Charged with a drug offence? You need experienced legal advice. Call LAC Lawyers today on 1300 366 803.

Penalties for Drug Offences

Under the commonwealth act there are a number of penalties which apply, including: life imprisonment where the amount of the drug is a commercial quantity; 25 years imprisonment where the quantity is a marketable quantity; 10 years where there is no intention to sell; and 2 years for importing less than a marketable quantity.

The commonwealth criminal code has a schedule of penalties for importing particular drugs including amphetamines, cannibas, cannibas resin, cocaine, heroin, LSD and ecstasy. The primary focus is trafficable, marketable and commercial quantities of illegal drugs.

Supply includes buying a drug with pooled money and splitting the result. Providing mail order drugs amounts to supply. Having someone hold drugs for you is not supply. Interestingly you cannot be convicted of both possession and supply as they are mutually exclusively. Continuous supply attracts a penalty of 20 years imprisonment. An analyst certificate is prima facie evidence of a quantity of the drug. The manufacture or production of a prohibited drug is an offence.

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Many cases focus on possession as well as supply. Possession of a minute amount of drug does not constitute possession. For possession there has to be exclusive physical control.  The prosecution has to provide knowledge of the existence of the drug, mere knowledge and their location in premises does not amount to possession.

Where a person is found entering or leaving drug premises then this can amount to an offence unless they are doing it with a lawful purpose or lawful excuse.  It is up to the prosecution to prove that the premises are drug premises and the court has to be satisfied that they were being used for the manufacture and supply of a prohibited drug at the relevant time.  Possession is one thing, but the courts take an extremely poor view of supply. It is an offence to supply or take part in the actual supply of a prohibited drug.  A person who has in his possession a trafficable quantity of a drug is deemed to have it in his possession for the purpose of supply unless he proves otherwise.   Possession of plastic bags, pistols and scales is admissible.

There are also severe penalties for supply of prohibited drugs on an ongoing basis.  The crown must prove that the accused knew that the relevant amount of drugs was involved.  Manufacture is another area where severe penalties apply and the act makes it an offence where a person manufacturers or produces or who knowingly takes part in the manufacture or production of a prohibited drug.  Drug offences are all about quantity and deal with small quantity, trafficable quantity, indictable quantity, commercial quantity and large commercial quantity.  Where a person supplies more than a large commercial quantity then the maximum penalty is life imprisonment or 5,000 penalty units or $550,000 (except in the case of cannabis where it is 20 years but the fine is the same.)

Charged with a drug offence? You need experienced legal advice. Call LAC Lawyers today on 1300 366 803.

Experienced Criminal Lawyers for All Drug Offences

Below is a list of criminal lawyers who offer expert legal defence for all drug offences.

LAC Lawyers have a team of lawyers with the experience in criminal law cases that you need to get the best outcome. The following is a selection of our currently practicing criminal lawyers.

If you have been charged with a drug offence, contact LAC Lawyers today on 1300 366 803.

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