Written by
Bill Potts
Director - Criminal Lawyer
What the Law States according to QLD Law for Supply Dangerous Drugs
According to QLD Law for the charge of Supply Dangerous Drugs,
Section 6 of the Drug Misuse Act 1986 states that:
A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.
The Maximum Penalty - Supply Dangerous Drugs
According to QLD Law for the charge of Supply Dangerous Drugs,
Maximum penalties will depend on what sort of drug has been supplied. The act divided these into schedule 1 (eg Cocaine or Heroin) and schedule 2 (eg Cannibas or Codine) drugs, with supply of Schedule 1 drugs attracting greater penalties.
The length of sentence will also depend on whether the supply if considered "aggravated" under the act. The offence will be aggravated if, for example, you have suppied drugs to a person under 18 years of age, at a school, in jail or to someone who doesn't know that they are getting drugs.
The following table sets out maximum years imprisonment:
|
|
Schedule 1 Drug |
Schedule 2 Drug |
|
Aggravated |
25 years |
20 years |
|
Not Aggravated |
20 years |
15 years |
What the Police must prove according to QLD Law for Supply Dangerous Drugs
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused supplied (eg. gave, distributed, sold, administered, transported or offered to do so, or did any act preparatory to this),
2. a dangerous drug (listed in schedule 1 or 2 or 2A).
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible Defences under QLD Law - Supply Dangerous Drugs
The Drug Misuse Act 1986 provides a limited defence to the offence in section 124 of supply of a lawfully prescribed drug in a small quantity. In order to prove this defence the accused must prove that:
1. dangerous drug is one specified in the Drugs Misuse Regulation 1987, schedule 5 and;
2. it was prescribed for the person by a medical practitioner for a condition with which the person was suffering at the time it was prescribed; and
3. it was given by the person to a person whom the person reasonably believed to be suffering from the same or a similar condition; and
4. the quantity given was no greater than a single dosage prescribed for the person; and
5. it was immediately consumed in the person's presence by the person to whom it was given. (Example: Methadone)
However it is important to note that there are further restrictions to the use of this defence
In QLD which court will hear the matter - Supply Dangerous Drugs
Under section 13 of the Drugs Misuse Act 1986 certain (less serious) offences can be dealt with summarily in the Magistrates Court. This will occur, for example, when the offence is not "aggravated" and involves the supply of a "schedule 2" drug.
Other (more serious) offences will be indictable and will be heard in the Supreme Court.
Criminal Law Article written by Bill Potts (criminal defence lawyer with experience in Drugs charges)
