It is an offence to possess utensils for the purpose of administering, using or producing dangerous drugs.  Examples of drug utensils include pipes, scales, needles, syringes and associated paraphernalia.

 

There are some associated offences that relate to a person's failure to properly dispose of utensils such as syringes or needles.

 

What must the police prove?

 

To be convicted of an offence of possessing utensils, the prosecution must how beyond a reasonable doubt that:-

 

• the accused person possessed the utensil in question; 

• the possession was unlawful (i.e it was not authorised, justified or excused by law); and

• the utensil had been used, or was to be used in connection with a dangerous drug.

 

The legal concept of possession is different from ownership.  To prove possession, the police must show that the accused person had knowledge and control of the utensil in question.  Under this definition, it does not matter who actually owned the utensil.

 

What is my likely penalty for this offence?

 

The penalties for possessing a utensil vary and may include fines or community service.

 

There are many factors that influence the level of sentence imposed by the courts.  Some of these are:-

 

• the nature of the utensil in question; 

• whether the possession was associated with personal use; 

• the purpose of the possession; and

• the personal circumstances of the accused person.

 

If you or someone you know has been charged with possessing a utensil, contact a Queensland Drug Lawyer today.  We will discuss all possible defences to the charge and provide you with advice about the likely penalty in your case.

 

Do I need a lawyer?

 

Drug related charges may have serious negative consequences for your life, including employment, travel, insurance and finance.  

 

Our lawyers have defended many people charged with possessing utensils.  We can assist you by:

 

• Advising on your prospects of contesting a charge;

• Guiding you through the court process;

• Negotiating with the prosecution;

• Suggesting ways to reduce penalty and the impact on your future;

• Reducing some of your stress by answering the difficult questions; and

• Appearing for you in court.

 

Contact one of our Queensland Drug Lawyers today to get some initial advice about your matter. We will make a stand for you.