Drug Offences and the Law

How can Andrews Legal assist with drug charges?

Our defence lawyers are highly experienced and have a long history of representing clients in high profile cases. Unlike many of our competitors, we specialise exclusively in criminal law. We can appraise your case, advise you of prospects of success at trial and represent you at a trial or sentencing hearing. We skillfully marshal the facts and the law to expertly defend you and maximise your prospects of being found not guilty and to obtain the best possible outcome from sentencing.

Our experienced team of defence lawyers can assist with all aspects of your representation on drug charges including:
• Review the facts of the alleged offence and advise you of the pathway your matter will take through the courts. Review the evidence against you and the evidence in your favour and advise of you of the prospects of successfully defending the charges at trial.
• Advise you about whether you should co-operate with the Police investigation by providing a Police interview or written statement and advise whether you are required to provide information such as passwords to your mobile phone or computer.
• Engage in negotiations with Police and the Prosecution on your behalf to determine whether there is any prospect of your charges being downgraded or discontinued.
• Advise you of the relevant law and specifically of the ramifications for your case. Inform you of the risks of taking your matter to trial and the discount you are likely to receive if you decide to plead guilty.
• Review the evidence in your case and advise you of the strength of the case against you.
• Advise you about the different types of sentence that the court can impose and give you an indication of the likely sentence you would be facing in the event that you are found guilty.
• Advise you about case strategy such as which defences are available, the witnesses you should call, whether you should elect to give evidence or remain silent, how expert evidence may impact your case.
• We will rigorously cross-examine prosecution witnesses and will prepare you and your witnesses to give evidence at trial.

What are the common drug offences in WA?

Under State law illegal drugs are called “prohibited drugs”. The common drug charges preferred by WA Police are:
(a) Possession of Prohibited Drugs,
(b) Cultivate a Prohibited Drug ( Cannabis),
(c) Possession of a Prohibited Drug with Intent to Sell or Supply it to Another,
(d) Cultivated a Prohibited Drug with Intent to Sell or Supply it to Another (Cannabis),
(e) Offer to Sell or Supply a Prohibited Drug to Another,
(f) Attempts to commit any of the above offences, which carry the same penalty is if the offence had actually been committed.

Under Commonwealth law, illegal drugs are termed “controlled drugs” or “border controlled drugs”. The Australian Federal Police are responsible for investigating Commonwealth drug offences. Common Drug offences under Commonwealth law are:
(a) Trafficking a controlled drug,
(b) Commercial cultivation of a controlled drug,
(c) Selling controlled plants (Cannabis),
(d) Commercial manufacture of controlled drugs,
(e) Importing border controlled drugs, plants or precursors.

How serious are drug charges?

Offences of personal possession of prohibited drugs are usually dealt with by a fine, if the quantity of drug is significant, for example exceeding 10 grams of ‘hard drugs’, the court may consider imposing a more serious sanction such as an intensive supervision order or suspended imprisonment order. Offences involving the sale, supply, importation and manufacture of prohibited or controlled drugs are very serious and are generally dealt with in the District Court if the quantity of ‘hard’ drugs exceeds 4 grams.

The maximum penalty for these offences is 20 years imprisonment, with the exception of quantities of methamphetamine exceeding 2 ounces, where the maximum penalty is life imprisonment. Offences involving sale and supply or prohibited plants (Cannabis), and commercial cultivation of prohibited plants (Cannabis) carry a maximum penalty of 10 years imprisonment.

How does the prosecution prove that a substance is a prohibited drug?

When a substance is seized by Police during an investigation and Police believe that the substance is a prohibited drug, Police will send the substance for laboratory chemical analysis. In a drug prosecution, the prosecution are required to prove that the substance is in fact a prohibited drug. The laboratory will supply a copy of the certificate of analysis specifying what chemical the substance is and the weight of the drug. This will be disclosed to you or your lawyer. This certificate can be entered into evidence at trial, and in the absence of proof to the contrary, will establish that the substance is a prohibited drug.

What does “possession” of a prohibited drug require?

Possession is different to ownership: you can possess something without owning it. Possession involves three things. The prosecution must prove each of these ingredients beyond a reasonable doubt in order to prove that you are in possession of a drug:
(1) Knowledge of the existence of the drug, this includes either knowing that the substance is a prohibited drug or knowing that there is a real likelihood that the substance is a prohibited drug, and
(2) Physical control or custody of the drug, and
(3) An intention to exert control or dominion over the drug.

You can be in possession of prohibited drugs where you are only storing the drugs for another person or you allow the drugs to be stored somewhere on your property, provided the above three ingredients are able to be proven. You can also be in joint possession of prohibited drugs with other people, where more than one person has an interest in the drugs. For example where 4 persons buy an ounce of drugs with the intention of later dividing it up among them equally, Police can charge all four of them with being in joint possession of the ounce of drugs.

Are prescription drugs also prohibited drugs?

Many proscription drugs are also prohibited drugs, it is only lawful to possess these with a valid authority script from a doctor. The possession of prescription drugs which are also prohibited drugs and potential drugs of addiction such as dexamphetamine, morphine, fentanyl and oxycodone are as serious as other offences involving ‘hard’ drugs. Prescription only drugs which are not prohibited drugs are controlled drugs which can only be lawfully possessed with a valid prescription. It is an offence to possess these without a script.

What is an “offer” to sell or supply prohibited drugs?

An offer can be either verbal or written. The prosecution are required to prove that it was you who made the offer. The prosecution are not required to prove that you intended the offer seriously or that you had the ability to fulfil the offer, but only that the offer was intended to be taken seriously by the person the person who received the offer.

Can I do the Drug Court program?

If you are charged with drug related offences and are intending to plead guilty, you may be eligible for the drug court program, if you genuinely wish to address your drug use.

To admit you onto the drug court program the court must be satisfied that: a sentence other than a term of imprisonment is open if you successfully complete the drug court program. In practical terms, for offences involving the sale or supply of substantial quantities of prohibited drugs, more than about 20 grams, the court will usually conclude that imprisonment it the only appropriate sentence and the matter is too serious for the drug court. The Drug Court also needs to be satisfied that you have a drug problem and which you genuinely wish to address and that you will not pose a safety risk to program staff and other program participants.

Can I obtain a spent conviction for drug offences?

You may be able to obtain a spent conviction order for drug offending which does not involve the sale or distribution of prohibited drugs and the matter is able to be dealt with by fine or a community based order. You will need to make an application for a spent conviction to avoid the offence being recorded onto your criminal record. A spent conviction order expunges the conviction from your record, this means that the conviction does not appear on your national police clearance. However, the conviction will still appear on the version of your record used by Police and the courts. To obtain a spent conviction order you must satisfy the court that:
Either:
(a) you are of prior good character; or
(b) the nature was trivial in nature;
And
(c) you are unlikely to commit a similar offence in future;
(d) You should be immediately relieved of the adverse affect that a criminal conviction would have upon you in future having regard to matters such as the circumstances of the offence, your personal circumstances, the impact upon your prospects of rehabilitation and the balance of the public interest.

Contact Our Team of Experienced Drug Offence Lawyers Today

Want to speak to someone about a drug charge you’re facing? For expert legal advice when it comes to drug charges, look no further than our experienced drug lawyers in Perth. Contact our team at Andrews Legal today for the best advice and representation by calling (08) 9221 2991.

Read more about drug offence lawyers and the court process.