Crime
Case note: possess dangerous drugs, utensils and property
Published
The charges
Following a search of a residence, three charges were laid: possessing a dangerous drug and possessing utensils, both under the Drugs Misuse Act 1986 (Qld), and possessing property suspected of having been used in connection with the commission of a drug offence.
The property seized included a phone and a sum of cash.
What was done
Instructions were to plead guilty to some charges, but the client maintained that the phone and the cash had nothing to do with the alleged offending and wanted them returned.
That took several months of discussions and written submissions with prosecutions, because the point in issue was not the plea but the connection police alleged between the seized items and the drug charges. Establishing the absence of that connection was the difficult part and the reason for the timeframe.
The result
Police returned the cash and the phone. The client was sentenced on the remaining charges to fines totalling $550, with no conviction recorded.
Whether property is returned and whether a conviction is recorded are separate questions, each decided on the evidence in the particular matter. Every case turns on its own facts and this note is not a guide to what will happen in another one.
Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.