Drug Supply
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In Queensland, it is an offence to Supply a Dangerous Drug to another person, whether or not that other person is also located in Queensland. As such, committing any act which could be considered the giving, settling, moving or transportation, administering of drugs or offering to do any of these things constitutes the supply of a dangerous drug. As the term supply is used as such a broad term by the Courts, depending on the circumstances alleged in your particular circumstances may result in very different outcomes.
What is a dangerous drug?
There is an extensive list of substances which constitute a dangerous drug in Queensland. These drugs are divided into ‘Schedule 1’ and ‘Schedule 2’ drugs in the Drugs Misuse Regulation 1987. Dependent upon which category a drug is in, it affects the severity of sentence which a person may receive. Schedule 1 contains the most serious illegal drugs, whereas Schedule 2 drugs are less serious.
Some example of each include, but are not limited to:
Schedule 1
- Methylamphetamine
- Heroin
- Cocaine
- Lysergide (LSD)
- 3,4- Methylenedioxymethamphetamine (MDMA)
- Amphetamine
Schedule 2
- Cannabis
- 3, 4-Methylenedioxyamphetamine(MDA)
- Lysergic Acid
- Gamma-hydroxybutyrate (Fantasy)
- Opium
- Oxycodone
Depending upon the Schedule of the relevant drug which is being supplied, your matter can be dealt with in different Courts. While supply charges for schedule 1 drugs will always be dealt with in the District Court, supplies of schedule 2 drugs can either be dealt with in the Magistrates or District Court dependent upon your circumstances.
What do prosecution need to prove?
For a charge of supplying a dangerous drug, it is not necessary that the Prosecution prove that the drug is actually one of the substances listed in Schedule 1 or 2 of the Drugs Misuse Regulation 1987. As such, Prosecutions can prove that you supplied a dangerous drug simply by you providing a substance or, offering to provide a substance, which either one of the parties involved in the transaction believes to be a dangerous drug. It is irrelevant whether the substance is of a legal or illegal nature. For example, should a person offer to provide another person with cocaine but instead give them talcum powder, this would still constitute the supply of dangerous drugs. Similarly, Prosecution will not need to prove the purity of the substance nor that it was actually cocaine.
A common misconception for the charge of supply dangerous drugs is that the person supplying must make a profit or obtain some sort of benefit for giving the substance to the other person. This is not the case as supplying a drug is a broad term. Unlike the charge of drug trafficking, it is not necessary for the Prosecution to show that you were in the “business” of unlawful supply, but only that you actually made the supply, regardless of any profit you made or not. For this reason, supplying a dangerous drug can be an alternative charge if the Police are concerned they may not have enough evidence to successfully prosecute a charge of trafficking a dangerous drug.
What type of evidence can be used against me?
In charging a person with supply, a variety of evidence can be used by Prosecutions to show that you supplied another with dangerous drugs. Commonly, evidence is taken from a person’s own mobile device to show that a supply either did take place or was arranged to take place.
When approached by Police with a search warrant for your mobile or electronic device, you are legally obliged to provide them with the device. Should that search warrant also include the condition that you give your passcode to Police for this device, then you are also legally obliged to provide as such. Not doing so when Police have a valid search warrant constitutes a criminal offence and can result in serious consequences, including imprisonment. The consequences of failing to comply with a search warrant are often direr than what a person could have been liable for should the phone and password have been provided to Police and the resultant charges dealt with.
When Police take your device which is subject to a search warrant, they can hold the device for a maximum of 28 days by which time either, the device must be returned or charges must be laid against a person. If the device is found to be connected with the commission of a crime, it is likely that at the conclusion of the matter the Court will order the device be forfeited. In these circumstances, charges do not necessarily need to be laid against the owner of the phone. For example, if another person used your phone in the act of supplying a dangerous drug and this was identifiable by the Police, that person may be charged with the supply, however, your phone could still be forfeited to the Crown at the end of Court proceedings against the other person. Should you find yourself in this situation, we advise you to seek legal advice to determine whether the forfeiture of the device can be fought in Court.
What type of evidence can be used against me?
In charging a person with supply, a variety of evidence can be used by Prosecutions to show that you supplied another with dangerous drugs. Commonly, evidence is taken from a person’s own mobile device to show that a supply either did take place or was arranged to take place.
When approached by Police with a search warrant for your mobile or electronic device, you are legally obliged to provide them with the device. Should that search warrant also include the condition that you give your passcode to Police for this device, then you are also legally obliged to provide as such. Not doing so when Police have a valid search warrant constitutes a criminal offence and can result in serious consequences, including imprisonment. The consequences of failing to comply with a search warrant are often direr than what a person could have been liable for should the phone and password have been provided to Police and the resultant charges dealt with.
When Police take your device which is subject to a search warrant, they can hold the device for a maximum of 28 days by which time either, the device must be returned or charges must be laid against a person. If the device is found to be connected with the commission of a crime, it is likely that at the conclusion of the matter the Court will order the device be forfeited. In these circumstances, charges do not necessarily need to be laid against the owner of the phone. For example, if another person used your phone in the act of supplying a dangerous drug and this was identifiable by the Police, that person may be charged with the supply, however, your phone could still be forfeited to the Crown at the end of Court proceedings against the other person. Should you find yourself in this situation, we advise you to seek legal advice to determine whether the forfeiture of the device can be fought in Court.
Defences
There are defences available to those charged with supplying a dangerous drug, though they are only usually available in limited circumstances. Mistake of fact, where the parties to a transaction, genuinely and reasonably believed that the substance was not in fact a dangerous drug, but rather, another lawful substance, may be argued in the appropriate circumstances to alleviate criminal liability. Further, if a dangerous drug is taken or removed without the consent of the ‘supplying’ party this could also constitute a defence to the charge of supplying a dangerous drug.
Should you be unsure whether your circumstances constitute a defence to the charge of supplying a dangerous drug, we advise that you seek legal advice as soon as possible so that your defence is given the best possible chance from the moment you are questioned or charged.
Sentencing Outcomes
There are serious maximum penalties including imprisonment, for a charge of supplying dangerous drugs. Whilst some matters may be able to be dealt with in the lower Courts with significantly lower sentencing outcomes, this is largely dependent upon not only the circumstances of the offending, but also negotiations with Prosecutions and obtaining the right materials prior to sentence to put you in the best possible position when appearing before the Court. The possible maximum penalties in your own circumstances are going to depend on a variety of factors, so we advise that you seek legal advice. Knowing all your options, including the worst-case scenario and which avenues you have available to defend the charge completely or to minimise the penalties you otherwise would have received, puts you in the best position to continue your life after facing criminal charges.