POSSESSING THINGS QLD -S10 Drugs Misuse Act

What The Law Says

The offence of possessing things is listed in Section 10 of the Drugs Misuse Act 1986 (Qld).

Section 10 of the Drugs Misuse Act makes it a criminal offence to:

  1. possess anything for use in connection with the commission of a crime defined in Part 2 of the Drugs Misuse Act. (s10(1)(a) Drugs Misuse Act).
  2. possess anything which has been used in connection with the commission of a crime defined in Part 2 of the Drugs Misuse Act. (s10(1)(b) Drugs Misuse Act).
  3. unlawfully possess anything (not a hypodermic syringe or needle) for use in connection with the administration, consumption or smoking of a dangerous drug. (s10(2)(a) Drugs Misuse Act).
  4. unlawfully possess anything (not a hypodermic syringe or needle) which has been used in connection with the administration, consumption or smoking of a dangerous drug. (s10(2)(b) Drugs Misuse Act).
  5. supply a hypodermic syringe or needle to another person (where you are not a medical practitioner, pharmacist or person or member of a class of persons authorised so to do by the Minister administering the Medicines and Poisons Act 2019). (s10(3) Drugs Misuse Act).
  6. possessing a hypodermic syringe or needle and failing to use all reasonable care and take all reasonable precautions in respect of it to avoid danger to the life, safety or health of another. It does not matter if the hypodermic syringe or needle was for use, or had been used, in connection with the administration of a dangerous drug. (s10(4) Drugs Misuse Act).
  7. possessing a hypodermic syringe or needle which has been used in connection with the administration of a dangerous drug and failing to dispose of it in accordance with the procedures prescribed by regulation. (s10(4A) Drugs Misuse Act).

What The Prosecution Must Prove

 

“Possession”

For Section 10 (1)(a), (1)(b), (2)(a), (2)(b), (4), (4A) the prosecution must prove you had “possession” of something.

Possession means you had physical control or custody of the thing, and you knew you had the physical control or custody of it.

If the dangerous drug is located in or at a place you occupy, manage or control (for example, your home), section 129(1)(c) of the Drugs Misuse Act (Qld) deems you to be in possession of the dangerous drug. You can rebut this presumption if you can show you neither knew nor had any reason to suspect the drug was in or on the place.  

 

“Supply”

For Section 10 (3) the prosecution must prove you supplied the hypodermic syringe or needle to another person. Section 4 of the Drugs Misuse Act defines “supply” as

(a) giving, distributing, selling, administering, transporting or supplying; or

(b) offering to give, distribute, sell, administer, transport or supply; or

(c) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of giving, distributing, selling, administering, transporting or supplying.

 

“For use in connection with or had been used in connection with the commission of a crime defined in Part 2 of the Drugs Misuse Act”

Section 10 (1) requires the prosecution to prove you had the thing for use, or it had been used in connection with a crime defined in Part 2 of the Drugs Misuse Act.

 

“Had been used in or For Use In connection with the administration, consumption or smoking of a dangerous drug”

 

Section 10 (2) requires the prosecution to prove the thing you had possession of had been used or was for use in connection with the administration, consumption or smoking of a dangerous drug.

 

“Failing to use all reasonable care and take all reasonable precautions in respect of it to avoid danger to the life, safety or health of another’

 

Maximum Penalty

The maximum penalty for the possess things offence under sections 10(1)(a) and (b) of the Drugs Misuse Act is 15 years imprisonment. The maximum penalty for the remaining possess things offences under the other sub-sections of Section 10 is 2 years imprisonment.

 

Which Court Will Hear The Charge

The offence of possessing anything for use or had been used in connection with the commission of a crime defined in Part 2 of the Drugs Misuse Act must be finalised in the District Court. However, the charge can be finalised in the Magistrates Court. All other offences must be finalised in the Magistrates Court. The District and Supreme Courts can also hear the charges.

 

Possible Defences

Possible defences for the charge of possessing things are:

  1. You didn’t possess the relevant thing.
  2. The thing was not in your possession or had not been used in connection with a drug offence under Part 2 of the Drugs Misuse Act.
  3. Duress- someone compelled you to commit the offence.

 

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If police charge you with a drug offence, the best thing you can do is arm yourself with a criminal defence lawyer. But, not any criminal lawyer. You want a criminal lawyer whose primary practice is drug offences. At the Criminal Lawyers Brisbane Group we focus on crimes involving sex, drugs and, no, not rock and roll, but white collar crimes like fraud.

You need the best Brisbane criminal lawyers if you want the best result. Contact the Criminal Lawyers Brisbane Group today for confidential expert advice. We represent clients throughout South-East Queensland. No matter where your criminal charge is, our drug lawyers can help you.

If you or someone you know needs help or advice about drug abuse or addiction, you can contact the Queensland Health Alcohol and Drug Support (ADIS) on 1800 177 833. 

If you have been charged with a drug offence, contact us TODAY or fill out the form for a FREE chat (07) 3153 6215

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