Case note: drug, utensil and syringe charges

The charges

Possessing dangerous drugs, unlawful possession of a restricted drug, possessing utensils, and failing to take reasonable care in respect of a syringe. The drug charges sit under the Drugs Misuse Act 1986 (Qld). Each carried the possibility of a term of imprisonment.

The background

Police executed a search warrant at a residence shared by two people and located drugs, utensils and syringes. Part of the restricted drug allegation was contested, because prescriptions existed but the quantity held exceeded what had been prescribed.

The client’s position was that they had no knowledge of, and no involvement in, most of what was found.

What was done

Written submissions were prepared and put to the Office of the Director of Public Prosecutions, followed by a series of discussions over an extended period.

The work was deliberately unhurried. Where charges carry a real risk of imprisonment, a detailed argument that addresses each element of each charge is worth more than a quick approach.

The submissions focused on knowledge and possession, which are the elements the prosecution has to prove. That prompted further police investigation.

The result

All charges were discontinued.

This took a long time and turned entirely on the evidence available in that particular matter. Every matter turns on its own facts, and nothing in this note suggests a similar outcome is available in any other case.