Charged With A Drug Offence?
A drug-related charge can have serious implications on your reputation, employment prospects and personal life. Seek legal advice immediately if you have been accused of a drug offence.
Legal Defences to Drug Charges
In Queensland, there’s a legal rule that many people don’t know about — the “deeming provisions.” This rule can make it seem like someone is selling illicit substances just because they are caught with a certain amount of illegal substances, even if they weren’t actually selling them or planning to sell them. It’s important to understand how this works, as it can have a big impact on your case.
As a result, what might have been just a simple drug possession charge can turn into the more serious supply charges. While it’s possible to challenge this assumption by providing evidence to disprove it, many people who try to do so often overlook important details that can make or break their defence from a legal standpoint.
The prosecution doesn’t just rely on the drugs themselves to build their case. They may also use other factors to argue that drug sales were happening. This can include things like unexplained wealth, drugs being found in packages that look like they were meant for sale, weapons found alongside the drugs, or even if the person gave false answers when questioned by the police.
When faced with this type of charge, it is imperative that meticulous preparation for trial occurs involving not only the proposed testimony of the person charged, but also addressing other items which the police are suggesting shows sales of drugs had or were to occur.
Charged with a Drug Offence in Cairns?
If you’ve been charged with a drug offence, be it minor offences or criminal drug offences, it’s important to get legal advice as soon as possible.
Don’t face the legal system alone. When you need help, and someone with comprehensive knowledge in criminal law services, contact experienced criminal defence lawyer Michael McMillan today for expert guidance and legal assistance.
Call 0409 273 430 now for a consultation.
Sentencing for Drug Offences
The most serious drug offences, are those involving a commercial element, like drug trafficking. Although the penalties for trafficking are very harsh, recent criminal court decisions such as the case of Regina v Parente [2017] NSWCCA 284, show that being convicted of trafficking doesn’t always result in jail time. With the right preparation before sentencing, there may be other options available to avoid imprisonment.
In common drug offences, there are factors beyond the crime itself that can influence sentencing. If presented correctly, evidence of things like the likelihood of re-offending, the person’s role in the crime, and the extent of their rehabilitation can help convince the court to impose a penalty that doesn’t involve prison time.
For example, in a case I worked on — The Queen v Mason Fletcher — the court considered the defendant’s significant efforts at rehabilitation and the low risk of re-offending. Despite the crime involving serious drug trafficking over a 7-month period, the court decided to impose a suspended sentence rather than jail time.
Another example is the case of The Queen v Jake John McManus. Despite our client being involved in trafficking a Schedule 1 drug, having a criminal history with two previous drug-related offences, and starting his trafficking while on probation, his “remarkable” rehabilitation efforts led to the court deciding on a wholly suspended sentence, rather than jail time.
Overlooked Factors
One important factor often overlooked by lawyers, but closely linked to rehabilitation, is the restrictive nature of pre-sentence residential rehabilitation or bail conditions. These conditions can be considered a form of quasi-imprisonment, and the court should recognise them as such. In a case I worked on, R v Stephen Gareth Hausfeld, I successfully argued that my client’s very restrictive bail conditions — similar to house arrest — should result in a sentencing discount. The court agreed that these conditions represented a form of quasi-imprisonment. While it didn’t prevent the client from being sent to custody, it was still a significant mitigating factor.
Another important but often overlooked factor is connecting the unlawful drug activity to medical or psychological issues that the client is facing. In the case of The Queen v. Adam Clifford Romano, I represented a client who began using illicit drugs due to extreme and uncontrollable pain. This connection played a key role in the court’s decision, helping him avoid a prison sentence.
In some cases, it’s crucial to carefully examine why the police chose a specific drug charge and focus the court’s attention on that. A good example is the case of Patrick William Seabrook. In this Supreme Court case for drug trafficking, the only evidence against him was his confession. The court recognized that, even though this was the most serious charge he pleaded guilty to, he deserved a significant reduction in his sentence because he was confessing to a crime the police hadn’t even arrested him for.
This shows that there are often opportunities to avoid prison, even for serious criminal offences, once the right legal path is identified. And this is just the beginning. If you have any questions or need advice on drug charges, don’t hesitate to reach out to me.
Contact Us for Legal Advice & Representation in Cairns, QLD
Whether you’ve been charged with assault, facing a domestic violence charge, or dealing with a sexual assault accusation, it’s crucial to speak with experienced Cairns Criminal Lawyer Michael McMillan about your criminal matter before it’s too late.
Contact Michael McMillan immediately on (07) 4080 7346 or 0409 273 430 . Alternatively, you can send an enquiry online.