Under section 6 of the Drugs Misuse Act 1986 (Qld) (the Act) it is an offence to supply a dangerous drug to another. Section 4 of the Act defines “supply” to mean the following:
This definition has been clarified by the Courts to include to give or make a gift of dangerous drugs to another, depending on the circumstances (see Excell v Dellaca (1987) 87 FLR 157). Furthermore, a person is capable of being convicted for supplying dangerous drugs to himself or herself if it is established that they were a party to the supply (see R v Maroney  1 Qd R 285, upheld by the majority of the High Court in Maroney v R (2003) 202 ALR 405).
Supply is aggravated if the offender is an adult and supplies the drugs to either a minor, an intellectually impaired person, a person within an educational or correctional facility, or a person whom does not know they are being supplied with drugs.
The maximum penalty varies from 15 to 25 years imprisonment, depending on the type of dangerous drug and whether the supply is aggravated. Depending on the drug and circumstances, supply charges can be dealt with in the Magistrates’ Court, District Court and Supreme Court.
Other main types of drug offences include:
If you have been charged with supplying dangerous drugs it is important you seek legal advice and representation. Our experience ranges from simple misdemeanours to serious offences across all levels of the Queensland Court system. We can offer advice on the best way to present your case, your options, and prospects regarding sentencing. To speak to an experienced member of our criminal defence team call 07 3229 4459.
For more information on drug offences and sentencing options follow the links below.
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000