Drug offences

Drug offences

If you have been charged with a drug-related matter, it is important that you obtain the right representation to find ways to have the charges withdrawn or dismissed.

Possession

Even if you are caught with a small amount of cannabis, methamphetamine (speed, ice, ecstasy) or something else, or even the equipment to administer an illicit substance, you can receive a criminal conviction and a penalty of a fine up to $2,200.00 and a jail term of 2 years.

Whilst it can be difficult to defend these charges as the police have usually found the drugs in someone's car, house, or on their person, we have been successful in having possess charges dismissed by arguing that the drugs were found during an illegal search conducted by police. We are well equipped to extract evidence from the police in a Hearing about their motivations for conducting a search and if they are not completely justified or in accordance with their regulatory authorities, we can have the charges withdrawn and/or dismissed.

We have also successfully won cases by demonstrating a lack of knowledge of the possession of the drugs, using case law as precedents to prove that the elements of the offence could not be proven beyond a reasonable doubt.

Alternatively, if that is not an option, we will learn about your personal circumstances and ensure that the sentencing Magistrate understands why you may have ended up in this position, and takes that into account in giving you a lighter sentence.

Supply

Whether individual or ongoing, and no matter what drug, the penalties are quite severe, and will almost always carry a criminal conviction.

It is important to understand what drug, how much, and on what basis you have been charged with supplying, as the penalties can vary from a maximum of 10 years to life imprisonment. There are 5 categories of supplying drugs, which is worked out by the weight of the drug. These differ based on the type of drug however, the quantity categories are as follows, with an indication of the most common types of drugs:

Small Quantity

Cannabis Leaf

30 grams

Methylamphetamine

1 gram

Heroin

1 gram

Traffickable Quantity (also known as "deemed supply")

Cannabis Leaf

300 grams

Methylamphetamine

3 grams

Heroin

3 grams

Indictable Quantity

Cannabis Leaf

1 kilogram

Methylamphetamine

5 grams

Heroin

5 grams

Commercial Quantity

Cannabis Leaf

25 kilograms

Methylamphetamine

250 grams

Heroin

250 grams

Large Commercial Quantity

Cannabis Leaf

100 kilograms

Methylamphetamine

500 grams

Heroin

1 kilogram

We are able to obtain and analyse your complex Brief of Evidence, which usually include surveillance, telephone intercept material, undercover operatives and drug analyst certificates. We can effectively establish weak spots in the prosecution case and either attend to negotiation with the prosecutions, or brief experienced Counsel for your trial.

Manufacture

If you are charged with manufacturing a prohibited substance, you face a maximum penalty of up to life imprisonment. We work with experienced Counsel to ensure that you obtain the best result possible by testing the strength and credibility of the evidence and have worked with experts in the past to determine complex issues such as the purity of the drugs in question to obtain more favourable results for our clients.

Importation of Drugs or Precursors

Importation charges are usually brought by Australian Customs and Border Service or the Australian Federal Police and prosecuted by the Commonwealth Director of Public Prosecutions (CDPP), as this is a charge under Federal legislation. These charges under the Criminal Code carry up to life imprisonment.

These Briefs of Evidence are often several volumes long and involve significant and intricate evidence, and several people are usually charged at the same time as co-accused.

These matters often proceed to trial and are lengthy and complex, and we strive to defend your matter by engaging the top barristers, experts and witnesses to achieve the best possible result.

How can we help you?

No matter what you have been charged with, at HNT Legal we have a criminal law team and access to experienced Barristers to handle your most complex matters. We also care about your individual circumstances and needs.

Hear what our clients have
to say…

How to get started

We are here to help you. Our experienced and dedicated
team will work hard to give your matter the attention it deserves.

Make an enquiry