Trafficking Dangerous Drugs

 

Drug trafficking is another term for supplying dangerous drugs.  In Queensland, it means that a person is in the business of supplying dangerous drugs for commercial gain.

 

Police will look at many different factors to determine whether a person has trafficked in a dangerous drug.  These include the quantity and type of dangerous drug, the number of individual supplies, packaging and business records.

 

Trafficking in dangerous drugs is one of the most serious offences in the Drugs Misuse Act and carries heavy penalties, including jail.

 

What must the police prove?

 

To prove trafficking, the police must show beyond a reasonable doubt that:-

 

• the drug was a dangerous drug as specified in Schedule 1 or 2 of the Drugs Misuse Regulation 1987; and

• the accused "carried on a business" of supplying dangerous drugs.

 

Each case depends on its own circumstances.  If you or someone you know has been charged with trafficking in a dangerous drug, you should seek legal advice immediately

 

Possible Defences

 

There are a number of legal defences to a charge of trafficking in dangerous drugs.

 

These include:

 

• that the accused person was not "carrying on a business" of supplying drugs;

• mistaken identity;

• duress - that the accused person was not acting of their own free will;

• necessity; and

• that the evidence is insufficient to prove that a supply of drugs took place.

 

What is my likely penalty for this offence?

 

The maximum penalties for trafficking in a dangerous drug are very serious.

 

If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment.

 

If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 years imprisonment.

 

There are many factors that influence the level of sentence for an offence of trafficking. These include:-

 

• the type of quantity of the drug;

• the street value of the drug; 

• the value of the drug trafficking enterprise;

• the period of the trafficking; 

• the level of involvement of an accused person; and

• the accused person's personal circumstances.

 

Do I need a lawyer?

 

If you are charged with a serious offence like trafficking, you should seek legal advice immediately. 

 

Our lawyers have defended many people charged with trafficking in dangerous drugs.  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.

 

I have been served with paperwork about confiscations proceedings. What does this mean?

 

If you are charged with drug trafficking, the State of Queensland may commence proceedings under the Criminal Proceeds Confiscations Act 2002.  The State may apply to seize or otherwise deal with your property and assets.

 

If you are served with confiscations documents, contact a Queensland Drug Lawyer immediately for urgent legal advice. There are very strict time limits.  We will need to move quickly to protect your interests.  

 

Contact us today for more information. We will make a stand for you.