Aggravated Supply


In Queensland, there is a specific offence for aggravated supply of a dangerous drug. This offence applies to all drugs listed in Schedules 1 and 2 of the Drugs Misuse Regulation 1987. This covers not only the more common drugs such as ICE, ecstasy, cannabis and cocaine, but also many steroid and prescription drugs.

Circumstances which may lead to the more serious offence of aggravated supply include supplying a dangerous drug to a minor, a person with intellectual impairment, or to a person in a school or correctional facility. This aggravated charge is very serious and carries with it a maximum penalty of up to 25 years imprisonment.

The Offence Of Producing Dangerous Drugs

Section 6 (2) of the Drugs Misuse Act 1986 provides a number of circumstances where the supply of the drugs is aggravated. These are as follows:

(2) For the purposes of this section, an offence is one of aggravated supply if the offender is an adult and –

  • the person to whom the thing is supplied is a minor under 16 years; or
  • the person to whom the thing is supplied is a minor who is 16 years or more; or
  • the person to whom the thing is supplied is an intellectually impaired person; or
  • the person to whom the thing is supplied is within an educational institution; or
  • the person to whom the thing is supplied is within a correctional facility; or
  • the person to whom the thing is supplied does not know he or she is being supplied with the thing.

The maximum penalty for the above aggravated circumstances range between 20 and 25 years imprisonment.

What Actions Might Constitute Aggravated Supply of A Dangerous Drug?

There is a list of dangerous drugs set out in Schedules 1 and 2 of the Drugs Misuse Regulation 1987.

  • A student handing a fellow student an ecstasy tablet at lunchtime.
  • A wife placing a joint in her shoe and entering a jail to visit her husband.
  • Handing a friend an ecstasy tablet at a licenced premises and advising them that it is Panadol.

What the Police Must Prove

To convict you of Aggravated Supply of a Dangerous Drug, the prosecution must prove each of the following matters beyond a reasonable doubt:

  • You knowingly supplied to another person, inside or outside Queensland;
  • A dangerous drug;
  • Without lawful excuse.
  • You were aware that one of the aggravated circumstances was applicable.

Possible Defences for Producing A Dangerous Drug

Possible defences to charge of producing a dangerous drug include:

  • Identity – you were not the person involved in the conduct alleged.
  • Coercion – you were forced to take part in the aggravated supply against your will.
  • Honest and reasonable mistake – that is, genuinely and reasonably believing that the drug was in fact not a dangerous drug, but some other, lawful item.

Which Court Will Hear Your Matter?

A charge of Aggravated Supply of a Dangerous Drug will be heard in District or Supreme Courts.

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?

Armstrong Legal
Social Rating
4.5
Based on 271 reviews
×
Legal Hotline.
Open 7am - Midnight, 7 Days
Call 1300 038 223