Drug offences vary in type and seriousness. If you have been charged with a drug offence it is important to understand the process involved, whether you have a defence and the potential penalties you may be facing.
Hiring an experienced drug lawyer to provide you with expert advice as soon as possible is crucial.
A drug offence is an offence which involves the use, possession or trafficking of a drug of dependence. In Victoria the types of drug offences with which a person can be charged are largely set out in the Drug Poisons and Controlled Substances Act (Vic) 1981 (“the Act”). Some of the more common offences with which people are charged under the Act are:
What constitutes a drug of dependence or a narcotic plant is set out in schedule 11 of the Act. Many different drugs are included, such as Ice, Ecstasy, GHB, Ketamine, Heroin and Cocaine.
A person who is charged with possessing a drug of dependence will usually be in a very different position to a person who is charged with trafficking a drug of dependence, so it is important that a person’s offending is characterised correctly.
Whether the prosecution can prove a person is in possession of a drug of dependence or trafficking a drug of dependence, however, is not always immediately clear. This is because a person may be charged with trafficking in a number of different circumstances, such as if they are proven to have:
Given the Act has regard to quantities, the quantity of a drug found in a person’s possession or linked to a person in some other way is also an important consideration. Schedule 11 of the Act is again important here, as it sets out amounts deemed to be no less than a traffickable quantity, no less than a commercial quantity and no less than a large commercial quantity. The amount linked to a person will therefore impact on what charge and what maximum penalty they will face.
The penalties for drug offences vary depending on many factors, one of which is the maximum penalty of the offence a person has committed. Below is a list of the more common offences found in the Drug Poisons and Controlled Substances Act (Vic) 1981 and the maximum penalty for these offences:
Once the offending has been appropriately characterised, other important considerations to the penalty a person may receive include:
These factors and others are considered by a Magistrate or Judge when determining what penalty to impose.
In some cases, the charge a person has committed will be so serious, such as trafficking in a large commercial quantity of methamphetamine, that the only penalty which is realistically possible is jail. In such instances, the objective will be to put matters to the Court to convince the Court to impose a term of imprisonment that is as short as possible.
In other cases, for example, trafficking 15 grams of cocaine, it may be that providing the Court with evidence of the steps taken by an offender to rehabilitate and reorganise their life after they have been charged may result in them avoiding jail.
Then there are other instances, such as trafficking a gram of cannabis for example, where demonstrating such matters may well result in a person avoiding a criminal record altogether.
If you have been charged with a drug offence there are many matters to consider, including whether you have a defence and if not what the best possible outcome for you is. An experienced criminal lawyer will be able to look at your case and provide you with advice as to what options are available to you and what course you should take.
Drug offences and their penalties vary between states and territories, which is why a person charged with an offence in Victoria should obtain the services of a criminal lawyer in Melbourne. They will be familiar with the Victorian judicial system and the range of penalties that are likely to be imposed by the Court.
An experienced drug lawyer who has dealt with all types of drug matters can help you get the best possible outcome. They will help you to better understand what’s involved with your case, which can help reduce the stress and confusion many people experience when charged with a criminal offence, and most importantly, they can help you in achieving the best possible outcome.
For criminal lawyers in Melbourne who are experienced in drug offences, contact Stary Norton Halphen.
