Drug Offences
Have you been charged with a serious drug offence?
Our criminal lawyers have extensive experience defending serious drug charges, including large-scale operations and cross-border drug offences such as trafficking or importation.
Serious drug offences in Queensland, such as trafficking, importation, possession, production, and supply of dangerous drugs, carry significant penalties, including lengthy prison sentences. It is critical to act quickly and seek expert criminal law advice early to protect your rights.
Our team of experienced criminal lawyers will forensically examine the evidence and develop strategies to achieve your best outcome. This includes options to challenge the evidence, such as whether the police conducted the search and arrest procedure lawfully. Contact us today to see how we can help your case.
Drug importation
What is drug importation?
Importing border-controlled drugs or plants is a serious criminal offence in Australia. To ‘import’ means to bring the substance into Australia or to deal with it in connection with its importation. This broad definition includes not only physically bringing drugs into the country but also actions related to facilitating their importation. Examples include:
Packaging the drugs
Transporting the drugs
Collecting the drugs upon arrival in Australia
Making the drugs available to another person
Storing or unpacking the drugs
Arranging payment for those involved in the process
Penalties for drug importation
Penalties for drug importation vary based on the quantity and type of drug.
Importing smaller quantities can result in up to 10 years imprisonment.
Importing a marketable quantity carries penalties of up to 25 years imprisonment.
For commercial quantities, the maximum penalty is life imprisonment.
Investigative techniques used in drug importation cases
Drug importation cases often involve complex investigations led by federal agencies such as the Australian Federal Police (AFP) and the Australian Border Force (ABF). Common techniques include:
Surveillance and undercover operations
Intercepted communications and customs inspections
Forensic analysis of electronic devices
Financial tracking to uncover links to organised networks
It is important to choose criminal lawyer experienced in these investigative techniques to ensure you have the best chance of defending the charge.
Drug trafficking
What is drug trafficking?
Drug trafficking is one of the most serious drug offences in Queensland. It involves the commercial supply of drugs, which includes selling and distributing drugs for profit or purchasing drugs for the purpose of dealing in it or supplying it for reward to another.
Carrying on a business of trafficking
To prove drug trafficking, the prosecution must establish that a person was ‘carrying on the business of trafficking’. This usually involves evidence of repetition and continuity in operations for commercial gain. Examples include maintaining regular suppliers or buyers, organising distribution networks, or dealing with significant quantities of drugs over time.
Penalties for drug trafficking
Penalties for drug trafficking are severe, with the maximum penalty being life imprisonment. Factors that influence sentencing include the scale of the operation, the type of substances involved, the individual’s role, and any prior criminal history.
Producing dangerous drugs
Producing dangerous drugs, whether through manufacturing synthetic substances or cultivating plants, is a serious offence in Queensland. This includes activities such as operating a laboratory to manufacture drugs, growing cannabis plants, or extracting substances for distribution. The severity of the charge often depends on the type and quantity of drugs involved, as well as the scale and sophistication of the operation.
Supplying dangerous drugs
Supplying dangerous drugs is broadly defined to include acts such as giving, distributing, selling, administering, transporting, or otherwise supplying dangerous drugs. It also includes offering to perform any of these acts or engaging in preparatory actions. Preparatory acts can include possession with the intention to sell or supply the drugs. In some cases, even supplying drugs to oneself can fall within the definition of supply if the person is a party to the transaction.
There is generally no requirement to prove actual delivery of the drugs. For example, mailing a prohibited substance, knowing its nature, with the intention that it be received by a particular person at a particular place, is sufficient to establish the offence.
The offence is treated more seriously in certain circumstances, such as when an adult supplies drugs to a minor, an intellectually impaired person, someone within an educational institution (excluding tertiary and adult education), someone in a correctional facility, or a person who is unaware that a drug is being supplied to them.
Drug possession
Possessing dangerous drugs in Queensland can result in penalties ranging from fines to imprisonment, depending on the type and quantity of the substance.
In some cases, minor drug possession offences may be eligible for drug diversion programs, which focus on rehabilitation rather than punishment. These programs aim to provide education and treatment for individuals, helping them avoid a criminal record.
What should I do if I have been charged?
If you have been charged with a drug offence, acting quickly is critical, as early decisions can significantly impact the outcome. Follow these key steps:
Speak to an experienced criminal lawyer
Obtain expert legal advice as soon as possible to understand your rights and options.Stay silent
Avoid answering any police questions or making statements until you have received legal advice. Anything you say can be used against you.Preserve evidence
Collect any materials that may support your defence, such as messages, receipts, or other documentation. Identify potential witnesses, but do not contact them directly. Instead, provide their details to your lawyer.
