Permitting Use Of Place Qld
Permitting use of place is a serious criminal offence under the Drugs Misuse Act. The offence applies to anyone who allows a place they occupy or control to be used for a drug offence.
You must get legal advice as soon as possible if you are facing a drug charge in Queensland. You want a criminal lawyer who specialises in drug charges. This is because they will have the experience and knowledge to give you guidance for your specific situation. This will place you in the best position possible to achieve the best outcome.
Permitting place use can result in a significant penalty. If you are charged with the offence, you need to act promptly to engage a criminal lawyer. Getting a lawyer early will help you to improve your chances of achieving the best outcome.
When you face a drug charge, the Criminal Lawyers Brisbane Group understands how important it is to engage a criminal lawyer. Our team provides clients with expert advice and legal representation for drug charges.
If you find yourself in a situation where you need help for this offence, it is crucial to get legal advice promptly. Our team at Criminal Lawyers Brisbane Group is ready to assist you throughout the legal process, ensuring your rights are protected and you have the best possible defence. Contact us today on (07) 3153 6215 to discuss your case and explore the options available to you.
What The Law Says
Section 11(1) of the Drugs Misuse Act 1986 makes it a criminal offence for a person to permit a place they occupy or manage to be used for a drug offence. It does not matter if the person has any involvement in the drug related activity. All they need to do is allow it to happen in a place they occupy or manage.
What the Proseuction Must Prove
To establish a case of ‘permitting use of place’ under Section 11 of the Drugs Misuse Act, the prosecution must prove:
- The accused had occupation or control over the place in question where the drug offence is alleged to have occurred. This means the accused had the authority, either as the owner or occupier to grant permission for others to use the premises.
- The accused permitted the place they occupy or manage to be used by another person. Whether or not a person has permitted the place to be used is a question of fact to be assessed on a case-by-case basis.
- The place was used by the second person for a drug offence. Such drug offences can include drug possession, supply, production, or any other drug-related offenses as defined by the Act.
- The accused permitted the place to be used for a drug offence. This requires the prosecution to prove the accused had knowledge a drug offence was going to be committed by the second person.
It is important to remember, the burden of proof rests with the prosecution. This means the onus is on them to prove the charge beyond reasonable doubt.
Which Court Will Hear The Matter?
Under section 11(1) of the Drugs Misuse Act 1986, cases involving the permitting of a place for drug-related offences are in the jurisdiction of the courts in Queensland. Specifically, this offence must be finalised in the District Court. However, it is important to note the prosecution has the ability elect to have the case heard in the Magistrates Court. The Supreme Court also has the power to hear the charge.
Possible Defences to the Offence of Permitting Use of a Place in QLD
The prosecution must prove the accused had control or management of the place. The prosecution must prove the accused permitted the place to be used for the purpose of a drug offence. Several defences may be available to individuals facing these charges.
- The accused didn’t have control or management of the place.
- The accused had no knowledge a drug related activity was going to take place at the premises.
- The accused didn’t give the second person permission to use their place.
- If the accused can demonstrate they were under pressure or coerced into allowing the drug-related activity to take place, they may be able to argue their actions were because of the threats or force against them.
Maximum Penalty for a charge of Permitting Use of Place in QLD
If you are convicted of permitting use of place in Queensland this can have serious consequences for you. The maximum penalty for the charge of permitting use of place charges is detailed in the Drugs Misuse Act 1986. The penalty is designed to deter you from committing drug related crimes. The maximum penalty for the charge is 15 years imprisonment.
Legal Advice for Permitting Use of Place Offences
If you are facing a charge of permitting use of place you should get legal advice. The penalties for permitting use of place charges can be severe. If you have an experienced criminal lawyer by your side this can make a difference in the outcome of your case.
The offence of permitting use of place often arises from a police search. If the police did not follow the law when performing the search, then it may be deemed unlawful. If the search is unlawful, then your lawyer can apply to the court to have the search deemed inadmissible. If the court deems the search inadmissible, then the police will not be able to rely on the drugs located in your possession. The prosecution will then be forced to discontinue the charge against you.
A lawyer will guide you through the legal process and explain each step of the way to you so you can make informed decisions. They will advocate for your best interests and negotiate with the prosecution on your behalf. In court they can advocate for you to achieve you the most favourable outcome.
It is crucial to consult with a lawyer as soon as possible if you are facing a chareg of permitting use of place. The earlier you get legal advice, the better chance you have of building a strong defence and minimising the consequences. Remember, a conviction for a charge of permitting use of place can have lifetime consequences for you. Investing in strong legal representation is worth it.
Do not delay. Reach out to a trusted criminal lawyer today to make sure your rights are protected, and your case is handled effectively.
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