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.
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.
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!!!
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.
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.
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.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Possession Of Drugs Of Dependence
In Victoria, the maximum penalty for Possession of a Drug of Dependence depends on the quantity and type of drug possessed.
Under the Drugs, Poisons and Controlled Substances Act 1981, if the drug possessed is less than 50g of cannabis and a Magistrate does not consider it to be for trafficking purposes (you weren’t going to give it to another person), the maximum penalty is a fine of up to 5 penalty units.
If the charge relates to any other type of a drug of dependence or more than 50g of cannabis and the Court is satisfied that you did not possess the drug for trafficking purposes, the maximum penalty is a fine of up to 30 penalty units or one year’s imprisonment.
If the Court is satisfied that the possession of the drug of dependence was for trafficking purposes, the maximum penalty is a fine of up to 400 penalty units or five years’ imprisonment.
The Offence of Possession of a Drug of Dependence
The Offence of Possession of a Drug of Dependence is contained in section 73 of the Drugs, Poisons and Controlled Substances Act 1981 which states:
‘A person who without being authorised or licensed under this Act…has or attempts to have in his possession a drug of dependence, is guilty of an indictable offence.’
What is a drug of dependence?
A ‘drug of dependence’ is listed in Schedule 11 to the Drugs, Poisons and Controlled Substances Act 1981. The definition includes any form of drug listed in the Schedule, as well as the salts, analogues, derivatives and isomers of that drug. In addition, a drug in the same class as one listed in the Schedule or contained in or mixed with another substance would also be considered a drug of dependence under section 73.
What constitutes ‘possession’?
For the purposes of a drug possession offence, section 5 of the Drugs, Poisons and Controlled Substances Act 1981 states that unless you can prove otherwise, you will be deemed to have in your possession any substance that is:
- On land or premises occupied or used by you; or
- Used, enjoyed or controlled by you.
You can also be found to have a drug of dependence in your possession if it is in your custody or control and you intended to possess it.
What Actions Might Constitute Possession of a Drug of Dependence?
- Storing a drug of dependence in a locker to which you have the only key;
- Having a drug of dependence in your pocket;
- Having a drug of dependence in a car of which you are the registered owner.
What the Police Must Prove
To convict you of Possession of a Drug of Dependence, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You had the substance in your possession; and
- The substance was a drug of dependence.
Possible Defences for Possession of a Drug of Dependence
Possible defences to a charge of Possession of a Drug of Dependence are:
- You are licenced or authorized to possess or use the drug under the Access to Medicinal Cannabis Act 2016;
- Acting in accordance with a licence or permit granted by the Secretary of the Department of Health and Human Services if you are, for example, a registered health practitioner;
- A person to whom the prohibited drug has been lawfully prescribed or supplied to; or
- A person who:
- Has the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and
- Had the prohibited drug in your possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply;
- Factual dispute/lack of intent; or
Which Court Will Hear Your Matter?
Depending on the quantity of the drug of dependence found in the Accused’s possession, and whether a Magistrate is satisfied that it was possessed for the purposes of trafficking or not, this charge may be heard in either the Magistrates’ Court of Victoria or the County Court of Victoria.
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?
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