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I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
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I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
- Client
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.
- Client
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.
- Client
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!!!
- Client
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.
- Client
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.
- Client
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.
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"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Possess Drugs of Dependence or Prohibited Substances
In the ACT it is an offence to be in possession of drug of a dependence or prohibited substance. The maximum penalty is a fine of 50 penalty units and/or 2 years imprisonment.
The Offence of Possessing a Drug of Dependence or Prohibited Substance
The offence of possessing a drug of dependence is contained in Section 169 of the Drugs of Dependence Act 1989 which states that a person shall not possess a drug of dependence (unless authorised to do so under the Medicines, Poisons and Therapeutic Goods Act 2008).
Well-known examples of drugs of dependence include:
- cocaine;
- methylamphetamine (meth/ice);
- methadone;
- morphine;
- oxycodone; and
- remifentanil.
The maximum penalty for this offence is a fine of 50 penalty units, imprisonment for 2 years or both.
The offence of possessing a prohibited substance is contained in Section 171 of the Drugs of Dependence Act 1989 which states that a person shall not possess a prohibited substance (unless authorised to do so under the Medicines, Poisons and Therapeutic Goods Act 2008).
Well known examples of prohibited substances include:
- coca leaf;
- DMT;
- heroin;
- MDMA (ecstasy); and
- cannabis.
The maximum penalty for this offence is a fine of 50 penalty units, imprisonment for 2 years or both.
However, if the offence relates to possession of cannabis and the quantity of cannabis is 50g or less, the maximum penalty is a fine of 1 penalty unit. Alternatively, this offence may be dealt with by way of a Simple Cannabis Offence Notice where the penalty is simply a fine of $100 and there is no requirement to attend court.
What is Possession?
The prosecution must prove all of the following beyond reasonable doubt:
- the substance was in your custody or control; and
- you knew that you had custody or control of the substance; and
- that substance was a drug of dependence or a prohibited substance.
In order to have custody you must have immediate physical possession of the drug of dependence/prohibited substance. For example, you have a bag of cocaine in your pocket.
In order to have control you must have a right to do something with the drug of dependence/prohibited substance. For example, you are at a party and you take a bag of cocaine out of your pocket, place it on the table and walk out onto the balcony to join your friends. At this point you have lost custody of the cocaine, however you still have control as you have the right to keep, consume or share the cocaine.
In each of these circumstances you must also have knowledge that you had custody or control of the cocaine. For example, if a friend placed the cocaine in your bag without you realising, you may have custody of it but you do not have the requisite knowledge to be guilty of the offence.
What Actions Might Constitute Possession?
Because of the broad interpretation of “possession”, you can possess something even if you only hold it momentarily. For example, if you have been given a bag of cocaine to mind for a friend while he goes to the shops and the police arrive, you are in possession of the cocaine even if it has only just been given to you.
Examples of what would NOT constitute possession:
- You own an apartment that is rented out. The tenants have been found to have cocaine at the apartment but you were unaware until you were contacted by police. This is not possession because although you own the apartment, you do not own all of the things in it and do not have any right to use and/or sell the contents.
- You live in a share house with 3 other housemates. Police find cocaine in the living room which is a shared space that all 4 of you use regularly. Unless someone makes a statement to police admitting that the cocaine is theirs, or implicating someone else, it is likely that no one will be charged because police cannot determine which one of you had custody or control of the cocaine.
- You host a party at your house and you know some guests had left a bag of cocaine on your outdoor table. You called them the next day and asked them to collect it but before they get to your house, the police arrive. You tell police that you were waiting for someone to collect it. In this case you have knowledge that the cocaine is there, however you have not laid claim to it and have not done anything to exercise control over it.
What the Police Must Prove
To convict you of possessing a drug of dependence or prohibited substance, the prosecution must prove each of the following matters beyond reasonable doubt:
- that you had possession of the substance; and
- that substance was a drug of dependence or a prohibited substance; and
- you were not authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 to be in possession of it.
However, if you possessed the drug of dependence/prohibited substance for the purpose of selling or supplying it to someone else, you will likely be charged with Sale or Supply of a Prohibited Drug.
Possible Defences for Possessing a Drug of Dependence or Prohibited Substance
The common ways to defend this charge are:
- to maintain your innocence if you did not commit the act; or
- to argue that you did not have possession of the substance; for example, that you had custody but did not know you had custody of it, as in the example above of the cocaine placed in your bag without your knowledge; or
- to argue that the substance was not a drug of dependence or a prohibited substance; or
- to argue that you were authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 to be in possession of it.
Which Court Will Hear Your Matter?
This is a summary matter and will be dealt with in the ACT Magistrates Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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.
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