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...
Aggravated Supply of Dangerous Drug
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 serious and carries a maximum penalty of up to 25 years imprisonment.
The Offence Of Producing Dangerous Drugs
Section 6(2) of the Drugs Misuse Act 1986 states the offence is aggravated when the offender is an adult and the person supplied:
- is a minor under 16 years; or
- is a minor who is 16 years or more; or
- is an intellectually impaired person; or
- is within an educational institution; or
- is within a correctional facility; or
- does not know he or she is being supplied with the thing.
The maximum penalty for the above aggravated circumstances ranges between 20 and 25 years imprisonment.
What Actions Might Constitute Aggravated Supply of A Dangerous Drug?
- 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 licensed 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 beyond a reasonable doubt:
- you knowingly supplied to another person, inside or outside Queensland;
- a dangerous drug; and
- 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.