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.

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Andrew Fraser - Senior Associate - Canberra

Andrew works in the areas of criminal law and traffic law, providing practical advice in all of his clients’ matters. Andrew has, over many years, developed positive working relationships with prosecutors, magistrates and judges. His no-nonsense approach means he has a reputation for putting forward the best case possible for clients. Andrew has won many matters for his clients, including...

Possession of Controlled Precursors

It is an offence in the ACT to possess a controlled precursor to a drug. The maximum penalty for possessing a controlled precursor varies from seven to 25 years’ imprisonment, depending on the quantity. A precursor is an ingredient or substance that can be used along with other ingredients or substances to make an illegal drug. Precursors include chemicals, plants, fungi or other natural organisms.

Legislation

In the ACT it is an offence according to Section 612 of the Criminal Code 2002 to possess a large commercial quantity of a controlled precursor:

with the intention of using any of it to manufacture a controlled drug; and
with the intention of selling any of the manufactured drug or believing that someone else intends to sell any of the manufactured drug.

The maximum penalty is 2500 penalty units and/or 25 years imprisonment. If a commercial quantity is involved, the maximum penalty is 1500 penalty units and/or 15 years imprisonment. In non-commercial cases, the maximum penalty is 700 penalty units and/or imprisonment for 7 years.

It is presumed that a person who possessed a controlled precursor with the intention of using any of it to manufacture a controlled drug, intended or believed that the drug would be sold, unless that person proves otherwise.

What actions might constitute possession of precursor?

Examples of acts that could give rise to a charge include:

having 10 boxes of pseudoephedrine in your car;
being found with a jug which contains benzaldehyde (a chemical used to make methamphetamine) in your garage;
having several small canisters of methylamine (a gas used to make methamphetamine) in your backpack;
storing multiple chemicals and plants.

What the police must prove

To convict a person of possessing a precursor, the police must prove each of the following matters beyond a reasonable doubt:

that they were in possession of a substance;
that the substance was a precursor to a prohibited drug; and
that they were aware you were in possession of the substance.

To convict a person of manufacturing a precursor, the police must prove beyond a reasonable doubt that they:

intended to manufacturing a controlled drug; and
intended selling any of the manufactured drug or believing that someone else intended to sell any of the manufactured drug; or
intended to sell any of it to someone else; and
believed that the other person intended to use it to manufacture a controlled drug.

Possible defences

A person charged with this offence may argue in their defence that:

to argue that they were not in possession of the substance;
to argue that the substance is not a precursor to a prohibited drug;
to argue that they were not aware they were in possession of the substance;
to argue that they had the substance for a lawful activity or that they otherwise had a reasonable excuse for having it; or
to argue that they did not manufacture or sell the precursor;

Which court will hear your matter?

The more serious of the precursor charges – those with maximum penalties of more than 10 years’ imprisonment – are strictly indictable and must be decided in the ACT Supreme Court. The seven-year offences can be dealt with in the ACT Magistrates Court.

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.

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