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Drug Lawyers Perth
Our team of drug lawyers at Mark Andrews Legal in Perth have vast experience and expertise in representing clients facing drug charges. We have won acquittals where in many cases our clients were facing very serious charges relating to the possession or importation of kilograms of prohibited drugs.
The most common types of drug charges are as follows:
- Simple possession of a prohibited drug
- Possession of a prohibited drug with intent to sell or supply it to another
- Drug importation
- Drug cultivation or manufacture
Most offences of simple possession relate to small quantities of drugs that are 2 grams of less, with the exception of Cannabis, where simple possession charges can relate to an ounce or more. The reason for this is that if you are in possession of 2 or more grams of hard drugs, the law presumes that you have an intention to supply those drugs to others.
Offences involving dealing in prohibited drugs such as Methamphetamine, Heroin, Cocaine and MDMA are treated very severely under WA law. Offences of dealing in hard drugs carry a maximum penalty of life imprisonment. The most common federal drug offence is the importation of border-controlled drugs into Australia. This offence is also extremely serious and carries life imprisonment. Drug importation charges are broken down into categories depending on the quantity involved: less than a marketable quantity, marketable quantity, and commercial quantity.
The Supreme Court has held that in order to prove that you were in possession of a drug, the prosecution must prove beyond reasonable doubt that you had knowledge of it, that you had control or custody of it, and that you had intention to possess or control it.
What To Do If I Am Under Investigation Or Charged With Drug Offences?
If you are the subject of drug charges, our lawyers in Perth recommend that you make no comment to police, other than your name, date of birth and address, until you have had advice from a lawyer. It is in your best interest to obtain legal representation soon after you are charged, to ensure you have comprehensive advice before you enter a plea to your charges.
What Will Happen If I Am Convicted Of Drug Charges?
Most offences of simple possession are dealt with by way of fines or a community-based order. Provided that the court is satisfied that you are unlikely to reoffend, you may be granted a spent conviction. Most serious drug charges attract a term of imprisonment. If the charges involve large quantities of prohibited drugs and the offence was committed for commercial gain, the courts usually impose lengthy terms of imprisonment.
When determining the appropriate sentence, the court will have regard to the type and quantity of prohibited drugs involved, where your case sits in the hierarchy of drug distribution, whether your offending was motivated by commercial gain, whether you plead guilty or not guilty and the extent of your cooperation with law enforcement, and your personal circumstances. If you are able to demonstrate that exceptional circumstances exist, the court may impose a sentence other than immediate imprisonment, even for very serious drug offences. An example of an exceptional circumstance is where imprisonment would deprive young children of parental care.
Want to speak to someone about a drug charge you’re facing? For expert legal advice when it comes to drug charges, look no further than our experienced lawyers in Perth. Contact our team at Mark Andrews Legal today for the best advice and representation by calling (08) 9221 2991.