Drug Charges – Supplying Dangerous Drugs

Our experienced criminal law solicitors have prepared a brief overview of the law relating to the allegation of supplying dangerous drugs.  If you or someone you care about is facing a charge of supplying dangerous drugs, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.

For more information on other drug offences, visit our DRUG OFFENCES HOMEPAGE.

Supplying Dangerous Drugs – The Law

Section 6 of the Drugs Missuse Act 1986 creates the offence of supplying dangerous drugs.  The section provides:

A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland is guilty of a crime.  

Elements of the offence

To be found guilty of the offence of supplying dangerous drugs, the prosecution is required to prove, beyond a reasonable doubt, the following elements:

  1. That the conduct was unlawful
  2. That a supply occurred
  3. Dangerous Drug
  4. To another

Supply

The prosecution must prove that a supply occurred.  Supply is defined in section 4 of the Drugs Misuse Act 1986 as:

  1. Give, distribute, sell, administer, transport or supply:
  2. Offering to do any of the above: or
  3. Doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any of the above

Dangerous Drugs

Dangerous Drugs are defined in schedule 1 and schedule 2 of the Drugs Misuse Regulation 1987.  The relevant quantities for particular drugs is defined in schedules 3 and 4 of the regulation.

Schedule 1 contains the more serious drugs including:

  • Amphetamine
  • Cocaine
  • Heroine
  • Methylamphetamine
  • 3,4-Methylenedioxymethamphetamine (MDMA)

Schedule 2 contains the list serious drugs including:

  • Cannabis
  • Codeine
  • Diazepam
  • Methadone
  • Morphine
  • Opium
  • Temazepam

Maximum Penalty

If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987,  schedule 1 and the offence is one of aggravated supply because the person supplied to is a minor under 16 years – life imprisonment.

If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987,  schedule 1 and the offence is one of aggravated supply because the person supplied to is a minor over 16 years, or intellectually impaired, or the supply is to an educational institution or correctional facility – 25 years.

If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987,  schedule 1 and the offence is not one of aggravated supply – 20 years

If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987,  schedule 2 and the offence is one of aggravated supply because the person supplied to is a minor under 16 years – 25 Years

If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987,  schedule 2 and the offence is one of aggravated supply because the person supplied to is a minor over 16 years, or intellectually impaired, or the supply is to an educational institution or correctional facility – 20 years.

If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987,  schedule 1 and the offence is not one of aggravated supply – 15 years

Jurisdiction – Where will the matter be heard?

The offence of trafficking in a dangerous drug is an indictable offence.  It will be heard in the Supreme Court of Queensland.

Conviction – Does a conviction have to be recorded?

The sentencing Court has a discretion whether or not to record a conviction against you for the offence of supplying dangerous drugs.  Generally a conviction would be recorded for an offence for this type of offence, although one is not inevitable.

The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

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