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...
Drug Supply QLD
In Queensland, supply of a dangerous drug carries a maximum penalty of 3 years’ imprisonment if dealt with in the Magistrates Court. More serious offences will be dealt with in the District or Supreme Court, and carry maximum penalties of between 15 years’ and life imprisonment, depending on the type and quantity of the drug, and any aggravating factors. Aggravating factors may include whether the person who received the drug is a minor, intellectually impaired, or is in a school or a correctional facility.
The Offence of Supplying A Dangerous Drug
The offence of Supplying a Dangerous Drug is contained in section 6 of the Drugs Misuse Act 1986, which states: A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.
What Actions Might Constitute Supplying A Dangerous Drug?
There is a list of dangerous drugs set out in Schedules 1 and 2 of the Drugs Misuse Regulation 1987.
Supply includes giving, selling, administering or transporting a dangerous drug. It also includes offering to do any of those things, or doing or offering to do any act contributing to that purpose (for example, weighing drugs and dividing them up into individual packaging).
What the Police Must Prove
To convict you of supplying 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.
Possible Defences for Supplying A Dangerous Drug
Possible defences include an 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?
This is determined by the type and quantity of the drug in question. Most minor offences involving small amounts of a drug will be heard by the Magistrates Court. More serious offences, involving large quantities, will be heard either in the District or Supreme Courts.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.