Expert Drug Lawyers in Melbourne

Drug offences can be charged under State or Commonwealth law.

State drug charges are contained in the Drugs Poisons and Controlled Substances Act 1981. The charges most commonly seen before the Court relate to individuals who are alleged to be in the possession of drugs. Depending on the quantity, a person might be charged with:

• Possession
• Trafficking Simpliciter
• Trafficking in a Commercial Quantity, or
• Trafficking in a Large Commercial Quantity

A similar framework exists for cases of Cultivation of a Narcotic Plant (usually Cannabis).

The Drugs Poisons and Controlled Substances Act also contains offences relating to:

• The possession of items that are used in the cultivation or manufacture of illegal drugs, and
• Offences directed at retailers who sell items used in connection with consuming drugs (such as bongs or ice pipes)

In more sophisticated drug cases, the police may seize money or assets and lay additional charges, alleging that the assets are proceeds of crime.

The penalty for trafficking drugs can vary significantly and depends on the seriousness of the crime. The maximum penalty in some cases is life imprisonment, and in most cases, traffickers will be left with a criminal record.

Lower level examples of trafficking are dealt with in the Magistrates’ Court. They typically involve a person arrested in possession of a traffickable quantity of drugs, where police can establish that transactions have taken place. This could be established by police locating ledgers or phone records indicating a person has sold drugs. Depending on the case, penalties can range from a good behaviour bond (for the lowest level examples) to imprisonment. The sentence will increase in duration for more serious cases or for repeat offenders. Perhaps the most common penalty for trafficking drugs in the Magistrates’ Court is a Community Corrections Order, with court-ordered drug treatment and unpaid community work.

Serious examples of trafficking are heard in the higher courts, which often involve commercial and large commercial quantities. They are usually dealt with by way of lengthy sentences of imprisonment. The quantity of drugs seized is not always the determinative factor in assessing the seriousness of a trafficking offence. In cases of sophisticated operations or recorded transactions involving large quantities, sentences of imprisonment can still be lengthy. That is even if little or no drugs are seized.

The penalty for drug possession depends on whether a court finds that the drugs were possessed for a purpose related to:

• Trafficking, or
• For a different purpose, such as small quantities for personal use

Drug possession can be punishable by imprisonment. In cases involving large quantities of drugs in relation to a trafficking operation, a court might impose a life imprisonment sentence.

However, most drug possession charges are dealt with in the Magistrates’ Court and involve small quantities, possessed for personal use. In these cases, the person’s personal circumstances and, particularly, criminal history will dictate the penalty. A person with no criminal history may be eligible to have their case dealt with via the ‘Diversion program’. Subsequent offenders will typically be convicted and fined.

For first time offenders, Police also have the discretion to issue a caution. This means that no charges are laid on the condition that the person attends a session of drug-related counselling. In this instance, a first-time offender will avoid a criminal record.

First-time drug offenders who have their cases heard in the Magistrates’ Court ordinarily do not go to jail. This is because:

1. Victorian sentencing law dictates that a jail sentence must only be imposed as a last resort, and
2. There are other sentencing options seen to be more effective in promoting a person’s rehabilitation

The situation is different in the higher courts where serious drug offences are heard. It is likely that first-time offenders who are involved in a sophisticated operation will go to jail. First-time offenders are often targeted by criminal organisations to act as ‘couriers’. They do this in the hope that they will avoid police detection due to having no criminal history. As such, jail sentences are usually imposed to deter other members of the public from engaging in these activities.