trafficking-in-a-dangerous-drug-qld

If you have been charged with trafficking in a dangerous drug, our Brisbane drug lawyers are here to help you now. Call us immediately on (07) 3153 6215 and speak to an expert.

We specialise in representing individuals charged with drug trafficking in Queensland. In this part, we look into the criminal offence of drug trafficking and the heavy penalties the law sets for the offence.

Drug trafficking is the most serious drug offence in Queensland and the penalties reflect this. The penalties handed down by the Courts are severe and they can often result in people being sent to prison. When facing a charge of trafficking, you need an experienced drug lawyer on your side.

Our drug lawyers represent clients charged with drug trafficking. They have represented clients at various levels of the food chain. Our Brisbane drug lawyers have the experience, knowledge and skills to achieve you the best outcome. They provide robust legal advice tailored to each client’s specific case.

If you are facing a drug trafficking charge in Queensland, you must get legal advice as soon as possible. Criminal Lawyers who specialise in drug charges can give guidance tailored to your specific situation. This will help to achieve you the best possible outcome.

Trust the Criminal Lawyers Brisbane Group to provide you the expertise, experience, and compassion to achieve you the best outcome. Call us now on (07) 3153 6215 and start your defence.

 

What the law says on trafficking in dangerous drugs?

In Queensland, section 5 of the Drugs Misuse Act  says it is unlawful for a person to “carry on the business of trafficking in a dangerous drug”. There is no definition of what it means to “carry on a business”. So, what does it mean? Generally, there does need to be more than one sale of a dangerous drug. The Courts have identified that trafficking conveys the notion of trading in or dealing with and to mean to knowingly engage in the movement of dangerous drugs from the supplier to the end user. There are various things the Courts look for in determining if a person is carrying on a business. For example, such things include:

  • Having customers who purchased the drug. However, there does not need to be an exchange of money.
  • Advertising drugs for sale (e.g. on the Internet on such websites as Craigslist, SMS text messages or other messaging services such as FaceBook).
  • Selling drugs.
  • Arranging to receive or deliver drugs.
  • Negotiating to purchase drugs.
  • Communicating with potential buyers.

In conclusion, the law in Queensland regarding trafficking in dangerous drugs is strict. The provisions in Section 5 of the Drugs Misuse Act outline the maximum penalties for different categories of drugs. To be charged with trafficking, a person must be carrying on a business and seeking commercial gain. It is essential to seek legal advice if you are facing a drug trafficking charge to understand your rights and potential defences.

 

Possible Defences for Drug Trafficking Charges in QLD

If you are facing a charge of drug trafficking in Queensland you may have some defences to contest the charge. Please note, not everyone will be able to establish a defence, but there is always the potential to.

The first potential defence is you were not “carrying on the business” of trafficking in a dangerous drug. The defence would be you were not trading in or dealing with or knowingly engaging in the movement of dangerous drugs from the supplier to the end user.

Mistaken identity could be raised as a defence. For this defence, you would be saying the police got the wrong person. Such factors as unreliable witnesses or insufficient evidence to prove your identity may be at play.

If you are placed under duress and forced to traffick in dangerous drugs you may have a defence. For such a defence you would need to prove there was a real threat of harm to you or someone else if you did not traffick in the drugs.

One possible defence is to argue that the substance in question is not actually a dangerous drug as defined by the law. This defence requires substantial evidence to prove that the substance falls outside the legal classification of a dangerous drug.

If you are facing a charge of drug trafficking in Queensland, you need advice from a criminal lawyer. An experienced lawyer will assess your case, determine if you have any defences and advise you about the legal process.

 

What factors influence the sentence of trafficking in a dangerous drug?

If a person is sentenced in Queensland for trafficking in a dangerous drug there are several factors which may be relevant in determining the ultimate penalty. Such factors include:

  • The type of drug.
  • The quantity/quantities of the drug involved.
  • The duration in which the offence was committed over.
  • The number of customers.
  • Financial gain by the client.
  • Whether the offence was committed for need or greed.
  • How the drugs were sold.
  • The client’s background.
  • Steps the client has taken towards rehabilitation.
  • Any criminal history the client has, and in particular any convictions for drug offences.
 
 

If I am charged with trafficking in a dangerous drug, which court will my matter be in?

If you are charged with trafficking in a dangerous drug in Queensland, your matter will be heard in the Supreme Court. Trafficking in a dangerous drug is an indictable offence, which means it is a serious criminal offence that carries severe penalties. As such, it falls within the jurisdiction of the Supreme Court.

It is important to note the Supreme Court has the jurisdiction to hear and determine cases involving the most serious drug trafficking offences. For less serious drug offences, such as possession or supply of drugs, the matter may be heard in a lower court, such as the Magistrates Court or District Court.

 

Do I need a lawyer?

If police charge you with trafficking in a dangerous drug you must get legal advice from a criminal lawyer. A lawyer will help you contest the charge, negotiate with the prosecution, guide you through the complex legal process and stand up and advocate for you.

If you are convicted of drug trafficking, the penalties can be significant. It is common for people to be sentenced to terms of imprisonment with actual time in a prison. A criminal lawyer will help guide you each step of the way throughout the legal proceedings. The lawyer will help you minimise the potential consequences for you.

It is common for criminal lawyers to negotiate with the prosecution in relation to drug trafficking charges. It may be to say to the prosecution they do not have any case. In other instances, even if a person is pleading guilty, it may be to shorten the trafficking period, the drugs involved or the financial gain. While a person may plead guilty to a charge of drug trafficking, what is relevant are the facts of the offence for which the person is sentenced.

A lawyer can guide you in what you can do to reduce the impact of the charge on your future. They may advise on rehabilitation programs to complete. The lawyer may tell you to get character references, clean drug test results or undertake counselling in relation to drugs.

It is important to remember a conviction for drug trafficking can be life changing. Hiring a lawyer with expertise in drug offences is giving yourself the best chance of a successful outcome.

 

What You Should Do If You Get Charged With Drug Trafficking In QLD

If you find yourself charged with drug trafficking in Queensland (QLD), it is crucial to take the appropriate steps to protect your legal rights and interests. Your priority should be to get legal representation. A criminal lawyer with expertise in drug offences can help you navigate the complex legal system and provide you the guidance you need.

The drug lawyers at the Criminal Lawyers Brisbane Group will begin a strong defence strategy for you. They will closely examine the evidence and make sure they leave no stone unturned. They will assess any potential defences open to you and any chance of getting evidence excluded in court.

Our lawyers go beyond just defending you in court. They will act as your advocate and negotiate with the prosecution to acheive you the best possible outcome.

If you have been charged with trafficking in a dangerous drug, then you need help. The penalties handed down by the Courts are severe and they can often result in people being sent to prison. When facing a charge of trafficking, you want to have an experienced drug lawyer on your side. Our criminal lawyers often represent clients charged with drug trafficking. They have represented clients at various levels of the food chain. Our Brisbane drug lawyers have the experience, knowledge and skills to achieve you the best outcome.

Pick up the phone today and call the drug lawyers at the Criminal Lawyers Brisbane Group on (07) 3153 6215 now.

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

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