If you have been charged with a drug offence in Brisbane, getting legal advice early can help you understand the charge, your options and what happens next.
Michael McMillan is an experienced Brisbane criminal lawyer who represents clients facing drug charges in greater Brisbane and throughout Queensland. He can assist with matters ranging from drug possession and supply through to serious production and trafficking charges.
Michael can review the evidence against you, advise you on the best way forward and represent you throughout the court process.
Charged with a Drug Offence in Brisbane?
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.
Contact Michael McMillan to discuss your case.
Call 0409 273 430 now for a consultation.
Drug Offences in Queensland
Drug offences in Queensland are primarily dealt with under the Drugs Misuse Act 1986 (Qld) and Drugs Misuse Regulation 1987 (Qld).
The seriousness of a drug charge can depend on the type and quantity of the drug, the alleged conduct and whether there are aggravating circumstances. Some of the main offences include possession, supply, production and trafficking.
Drug Possession
Under section 9 of the Drugs Misuse Act 1986, it is an offence to unlawfully possess a dangerous drug.
Possession does not necessarily mean drugs must be found on you. Charges can arise when police find drugs in a home, vehicle, bag or other place they allege is under your control. This can create important legal issues where several people have access to the same property or location.
The maximum penalty for drug possession depends on the type and quantity of the drug. For the most serious offences involving Schedule 1 drugs and specified quantities, the maximum penalty is 25 years’ imprisonment. In other cases, the maximum may be 15 or 20 years’ imprisonment.
Supplying Dangerous Drugs
Under section 6 of the Drugs Misuse Act, it is an offence to unlawfully supply a dangerous drug.
Supply is broader than selling drugs. It can include giving or distributing drugs to another person, meaning money does not necessarily need to change hands.
The maximum penalty depends on the drug and the circumstances of the supply. For a Schedule 1 drug, the maximum is generally 20 years’ imprisonment, increasing to 25 years or life imprisonment for certain aggravated supply offences. For Schedule 2 drugs, maximum penalties range from 15 to 25 years’ imprisonment.
Police may rely on evidence such as messages, phone records, financial transactions, surveillance and witness statements when bringing a supply charge.
Drug Trafficking
Section 5 of the Drugs Misuse Act makes it an offence to carry on the business of unlawfully trafficking in a dangerous drug. The maximum penalty is life imprisonment.
Unlike an isolated supply allegation, trafficking generally involves an ongoing course of conduct. A prosecution may rely on evidence gathered over weeks or months, including electronic communications, surveillance, financial records, quantities of drugs and evidence from other people.
If you are facing a trafficking charge, it is important to have the prosecution evidence carefully reviewed and obtain advice about your options as early as possible.
Producing or Manufacturing Dangerous Drugs
Under section 8 of the Drugs Misuse Act, it is an offence to unlawfully produce a dangerous drug.
“Producing” can include manufacturing, cultivating, preparing or packaging dangerous drugs. Charges can therefore range from cannabis cultivation to allegations involving the manufacture of synthetic drugs.
The maximum penalty depends on the type and quantity of the drug. For Schedule 1 drugs, the maximum penalty can be up to 25 years’ imprisonment, while Schedule 2 offences carry maximum penalties of up to 20 years.
Other Drug-Related Offences
The Drugs Misuse Act also covers other drug-related conduct, including possessing equipment or other items used in connection with drug offences.
Under section 10, possessing something used, or intended to be used, in connection with a drug crime carries a maximum penalty of 15 years’ imprisonment. Possessing an item used to administer, consume or smoke a dangerous drug carries a maximum penalty of two years’ imprisonment.
Other offences can relate to substances or equipment used to produce drugs, possessing instructions for producing dangerous drugs or allowing premises to be used for drug offending.
Michael can advise you on the particular offence you have been charged with, the maximum penalty that applies and what the prosecution needs to prove.
Penalties for Drug Offences in Queensland
As outlined above, maximum penalties for drug offences can be significant, ranging up to life imprisonment for trafficking and certain aggravated supply offences. However, the maximum penalty is not necessarily the sentence a person will receive.
The actual sentence will depend on the offence, the offender and the circumstances of the case. Relevant factors can include:
- the type and quantity of the drug;
- the nature and seriousness of the offending;
- whether supply or commercial activity was involved;
- your role in the offending;
- your criminal history;
- whether you plead guilty;
- evidence of rehabilitation; and
- your personal circumstances.
For serious drug charges, careful preparation before sentencing can make an important difference.
What About Drug Driving Charges?
Drug offences are not limited to possession, supply, production and trafficking. Queensland also has separate offences relating to drug driving, including driving with a relevant drug present in your system and driving while under the influence of drugs.
These are dealt with under Queensland’s road and traffic laws rather than the Drugs Misuse Act and can result in penalties including fines and driver licence disqualification.
Defending a Drug Charge
The defence available will depend on the offence and the evidence against you.
For a possession charge, there may be questions about whether the prosecution can prove you knew about the drugs or had possession or control of them. This can be particularly relevant where drugs are found in a shared house or vehicle.
For supply and trafficking charges, the issue may be whether the evidence actually establishes the more serious alleged conduct. The fact that drugs are found does not, by itself, necessarily prove supply or trafficking.
Depending on the circumstances, other issues may include:
- how police obtained the evidence;
- searches and search warrants;
- statements made during a police interview;
- phone and electronic evidence;
- surveillance;
- forensic evidence; and
- the reliability of witnesses or co-accused.
Defences under the Criminal Code 1899 (Qld) may also be relevant in some cases. For example, section 24 deals with an honest and reasonable mistake of fact.
As an experienced Brisbane criminal defence lawyer, Michael can review the prosecution case and advise whether you have grounds to contest the charge or whether another approach is appropriate.
What Should I Do If I Am Charged With a Drug Offence?
If you have been arrested, contacted by police or charged with a drug offence:
- Get legal advice early. You do not need to wait until your first court date.
- Get advice before taking part in a police interview. What you say may later be used as evidence.
- Keep relevant records and communications. They may become important to your defence.
- Follow your bail conditions carefully. A breach can create further legal problems.
- Have the evidence reviewed. Understanding the case against you is important before deciding whether to contest the charge or plead guilty.
Why Do I Need a Drug Offence Lawyer?
Drug prosecutions can range from relatively straightforward matters to complex cases built from months of surveillance, electronic communications, financial records and evidence from multiple defendants.
An experienced drug offence lawyer can identify what actually matters in the evidence and develop a strategy around your particular circumstances.
Depending on your case, Michael can:
- advise you before a police interview;
- review the charges and prosecution evidence;
- identify weaknesses or inconsistencies in the prosecution case;
- advise on available defences;
- assess whether the charge appropriately reflects the alleged conduct;
- communicate and negotiate with the prosecution where appropriate;
- prepare and conduct defended proceedings;
- represent you in a bail application where necessary;
- advise whether a guilty plea is appropriate;
- gather relevant rehabilitation and mitigating evidence; and
- prepare detailed sentencing submissions.
Even if you intend to plead guilty, getting legal advice is important. Proper sentencing preparation can ensure the court has the information it needs about your circumstances, rehabilitation and other relevant factors.
Why Choose Michael McMillan?
Michael McMillan has extensive experience representing people charged with criminal offences, including serious drug supply and trafficking matters.
His experience includes cases where detailed preparation and evidence of rehabilitation have been important to the sentencing outcome.
In The Queen v Mason Fletcher, Michael represented a client in a serious trafficking matter spanning approximately seven months. Evidence of rehabilitation and the client’s prospects of reoffending were important considerations, with a suspended sentence ultimately imposed.
In The Queen v Jake John McManus, Michael acted for a client facing sentencing for trafficking in a Schedule 1 drug. Despite previous drug offending and commencing the trafficking while on probation, evidence of significant rehabilitation contributed to a wholly suspended sentence.
Michael has also successfully raised circumstances such as highly restrictive bail conditions and other personal factors as relevant considerations in serious drug sentencing matters.
Every case is different and past results do not guarantee a particular outcome. They do, however, demonstrate Michael’s experience in preparing and representing clients facing serious drug charges.
Whether you have been charged with possession or are facing a complex trafficking prosecution, Michael provides direct, experienced criminal defence representation focused on the individual circumstances of your case.
Drug Charges in Brisbane Courts
Drug charges may be dealt with in different courts depending on the offence and its seriousness.
Matters can begin in the Brisbane Magistrates Court, while serious indictable drug offences may ultimately be dealt with in the District Court of Queensland or Supreme Court of Queensland in Brisbane.
For serious matters, there may be several stages before a case reaches trial or sentence. These can include initial mentions, disclosure of the prosecution evidence, negotiations, committal proceedings and applications relating to bail or evidence.
Michael can explain where your case will be heard, what to expect and the steps involved as your matter progresses.
Speak With a Drug Offence Lawyer in Brisbane
If you have been charged with a drug offence in Brisbane, getting advice early can help you understand your position and make informed decisions about what to do next. A criminal lawyer will review the allegations, explain your options and provide experienced criminal defence representation throughout your matter.
Contact Michael McMillan on 0409 273 430 to arrange a confidential consultation about your drug charge. Alternatively, you can send an enquiry online.
Frequently Asked Questions About Drug Charges in Brisbane
Should I agree to a police interview about a drug offence?
Get legal advice before deciding whether to participate in a police interview. What you say may become part of the evidence against you. Michael can explain your rights and advise you about how to respond to police.
What happens after I am charged with a drug offence?
You will generally be given a date to appear in court and may be released on bail subject to conditions. Your criminal defence lawyer can obtain and review the prosecution evidence, advise you about your options and represent you at each stage of the proceedings.
Can I get bail for a drug trafficking or supply charge?
Bail may be available for serious drug charges, but this will depend on the circumstances. The court can consider factors including the seriousness of the allegations, your criminal history, previous compliance with bail and the risk of further offending.
Some cases also involve additional requirements concerning why detention is not justified. Legal advice can be particularly important where police have refused bail or the prosecution opposes your release.
Can police use messages from my phone as evidence?
Yes. Messages and other electronic evidence are commonly relied upon in drug supply and trafficking cases. This may include text messages, messaging apps, call records, photographs and other information obtained from a device.
The meaning and context of this evidence may still need to be carefully considered.
Can a drug charge be reduced or withdrawn?
In some circumstances. After reviewing the evidence, your drug offence lawyer may identify weaknesses in the prosecution case or reasons why the charge does not properly reflect the alleged conduct. It may then be appropriate to make representations or negotiate with the prosecution.
Whether this is possible will depend on the individual case.
Do I still need a lawyer if I intend to plead guilty?
Legal representation can still be valuable if you intend to plead guilty. Your lawyer can advise whether the charge is appropriate and prepare your matter for sentencing.
This can include presenting evidence about rehabilitation, employment, treatment and personal circumstances and making submissions about the appropriate sentence.
Can a drug conviction affect my employment?
Potentially. A conviction may have consequences for some types of employment, professional registration, licences or security clearances.
If you are concerned about your job or professional registration, tell your lawyer early so these circumstances can be considered when advising you.
When should I contact a lawyer about a drug investigation?
As early as possible. You can seek legal advice before you have been charged.
If police have contacted you, searched your property, seized your phone, asked you to attend an interview or indicated that charges may be laid, speaking to a criminal lawyer at that stage can help you understand your rights and what to do next.