Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Supplying a Controlled Drug to a Child
The ACT Parliament views the offence of Supplying a Controlled Drug to a Child as particularly heinous, with penalties of up to four times the maximum for similar offences which do not involve children. Pursuant to Section 625 of the Criminal Code 2002, the offence encompasses both supply, and intent to supply. A child is defined to be an individual under 18 years old.
The term ‘controlled drug’ is broad and is defined to be “a substance prescribed by regulation as a controlled drug, but does not include a growing plant.” A list of prescribed substances can be found in the Criminal Code Regulation 2005, and include both controlled medicines and prohibited substances. Well-known examples including Morphine, Cocaine, Methadone, Cannabis and Codeine.
Penalties the Court Can Impose
The maximum penalty for the offence will depend on the whether the drug supplied, or intended to be supplied, was cannabis or another controlled drug, and the quantity of cannabis alleged.
For a controlled drug other than cannabis, the maximum penalty that can be imposed is a fine of 2,000 penalty units and/or 20 years imprisonment. This is contrasted against a supply offence to an adult, where the maximum penalty is a fine of up to 500 penalty units and/or 5 years imprisonment.
Where the controlled drug is cannabis, the maximum penalty that can be imposed is a fine of up to 500 penalty units and/or 5 years imprisonment. This is contrasted for the offence of supply (traffic) cannabis and does not involve a child, where the maximum penalty is a fine of up to 300 penalty units and/or 3 years imprisonment.
Where the quantity of cannabis is not less than the trafficable amount, 300 grams, the maximum penalty that can be imposed is a fine of up to 1,000 penalty units and/or 10 years imprisonment. For the offence of trafficking in a trafficable quantity of cannabis and there is no supply to a child alleged, the same maximum penalties apply.
However, the Court can impose a range of penalties including:
- Imprisonment (Jail – Full Time)
- Intensive Correction Order (previously Periodic Detention)
- Suspended Sentence
- Community Service Order (CSO)
- Good Behaviour Order
- Section 17 (ACT): Non-conviction Order
What Actions Might Constitute Supply a Controlled Drug to a Child?
- You meet up with your supplier and buy some ketamine before meeting up with your friends. You share the ketamine with your friends, who are under 18 years old, whilst you are 18 years old or above.
- You are at a house party doing lines of cocaine, a random girl approaches you – you don’t know how old she is but she looks like a teenager. She asks you if you have more, and offers to pay you cash and gives you her phone number. You tell her you need the money tomorrow and let her do a line. You are over 18 years old, and she ends up being 16.
- Your little brother knows you have some cannabis stashed at home. He sends you text message asking if he can use some to roll a joint. He is 15 years old. You agree.
Where you possess more that the trafficable quantity of a controlled drug, there is a presumption of possession for purposes of supply.
What the Police Must Prove
To convict you for supplying a controlled drug to a child, the Prosecution must prove beyond reasonable doubt:
- That you supplied a substance, or possessed a substance with intention to supply;
- The substance was a controlled drug;
- The recipient, or intended recipient, was a child;
- You were not authorised to supply the drug under the Medicines, Poisons and Therapeutic Goods Act
‘Supply’ is defined under the legislation to be “supply by way of sale or otherwise” and “agree to supply”. It therefore does not require the action of supply to actually occur for the offence to be made out.
Possible defences include:
- To argue the substance was not a controlled drug;
- To argue that you did not intend to supply the drug;
- To argue that you did not supply the drug;
- To argue that you did not have reasonable grounds to believe the recipient of the drug was a child.
Which Court Will Hear Your Matter?
For matters involving supply of a controlled drug other than cannabis to a child, the ACT Supreme Court will hear your matter.
For matters involving supply cannabis to a child, whether or not the quantity is a trafficable quantity, it may be dealt with in either the ACT Magistrates Court or the ACT Supreme Court, depending what the Prosecution and/or you elect to do.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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