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 Trafficking QLD
Trafficking in dangerous drugs, sometimes simply called “trafficking”, is perhaps the most serious drug offence in Queensland and it is punishable by up to 25 years imprisonment (depending on the type of drug which is trafficked).
It is most common for people convicted of “trafficking” to be sentenced to a term of full-time custody, even for a first offence. If you are convicted and sent to jail for trafficking, you will likely be required to serve 80% of your sentence in prison before you can be considered for parole. If you or a family member has been charged with drug trafficking, it is essential that you obtain legal representation as soon as possible.
The Offence of Trafficking in Dangerous Drugs
The offence of Trafficking is created by section 5 of the Drugs Misuse Act 1986 which says:
“A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime. Maximum penalty—
- if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 1-25 years imprisonment; or
- if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987, schedule 2-20 years imprisonment.”
Trafficking encompasses all actions connected with the commercial trade of a relevant drug. It is not necessary that a commercial drug enterprise be of a particular size to constitute trafficking, though small-scale trade or simply buying and selling between individuals might result in a charge of possessing or supplying a dangerous drug instead.
Should I Participate in a Recorded Interview with Police if They are Investigating me for Drug Trafficking?
Generally, solicitors will advise you against participating in an interview with police while you under investigation. However, there are times when participating in an interview may be appropriate, or might even be in your best interests. It is vital that you get competent legal advice as soon as possible if you are aware that you are being investigated for drug trafficking.
What is the Likely Penalty for Drug Trafficking?
The major determinants of the penalty in trafficking cases include the type of drugs trafficked, the quantity of drugs, their value and the overall sophistication of the venture. As a starting point, you should expect a term of imprisonment if you are convicted of trafficking. For large-scale commercial operations – for example, a venture which imports large quantities of drugs into Australia and then distributes those drugs to lower-level suppliers – the principals could expect to receive a sentence upwards of 15 or 20 years imprisonment if convicted.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.