Facing serious drug charges in Qld?
When your job, reputation, and future are at risk, urgent advice from our leading Brisbane criminal lawyers is critical.
Early steps affect the outcome.
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Choosing the best Drugs lawyer in Qld
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CL was a foreign national charged with an attempt to possess an unlawfully imported drug (methamphetamine) at a marketable quantity under 307.6(1) Criminal Code (Cth).
Australian Border Force officers at Brisbane Airport detected four international parcels that had been declared as soap.
Further x-ray examination revealed suspicious concealments, and one package was found to contain a crystal substance that tested positive to methamphetamine.
Altogether, the consignments were suspected to contain more than 8 kilograms of the drug.
The Australian Federal Police took over the investigation, substituting the drugs with an inert substance before arranging a controlled delivery to a Brisbane address.
Surveillance operations followed, and police later executed a search warrant and arrested several persons of interest including our client.
After strategic preparation for a trial in the Brisbane District Court, CL was found not guilty, on the basis that the prosecutor could not prove the required knowledge and control beyond a reasonable doubt.
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Our client had a prior criminal history, including previous offences of trafficking in dangerous drugs.
He pleaded guilty in the Supreme Court to further trafficking charges.
Our experienced criminal defence lawyers undertook extensive preparation of mitigating material and presented strong submissions to the court.
The Court accepted evidence of family commitments and the significant impact imprisonment would have on our client’s family.
As a result, the Court agreed with our submissions and imposed a wholly suspended sentence.
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Our client was a young person suffering mental health difficulties. The police executed a search warrant and found a hydroponic system set up growing gold top mushrooms (Psilocybin).
We assisted JS in arranging counselling and the court ultimately accepted his good rehbailtation prospects.
JS was ordered to attend drug diversion. A good behaviour bond was ordered and no conviction was recorded.
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Police investigation revealed Snapchat messages on the phone indicating the sale of drugs.
After negotiations of the charges and facts, LS was fined $1000 with no conviction recorded.
Our Brisbane drug lawyers have been achieving the best results for clients for over 10 years
Our Brisbane drug lawyers have extensive experience defending serious drug charges, including large-scale operations and cross-border drug offences such as trafficking or importation.
Serious drug offences in Queensland, such as trafficking, importation, possession, production, and supply of dangerous drugs, carry serious penalties, including lengthy prison sentences. It is critical to act quickly and seek strategic advice from an experienced criminal defence lawyer.
If you are charged or being investigated, seeking early advice will make a difference to the outcome.
Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
Case examples of Drugs in Qld
R v Uqd [2021] QCA 50 – the defendant was convicted of trafficking in dangerous drugs (methylamphetamine). The Court said that sentences for trafficking in a Schedule 1 drug will ordinarily result in actual imprisonment. Sentences not involving actual custody will be rare and ‘exceptional’.
R v Nunn [2019] QCA 100 – the defendant was sentenced to a head sentence of 10 years for trafficking methylamphetamine for a 5 month period. He was 30 years old at the time and had a criminal history. The trafficking was conducted as a wholesale business, supplying 30 customers, and making a profit of between $300,000 and $450,000.
R v Kax [2020] QCA 218 – the defendant pleaded guilty to trafficking in dangerous drugs methylamphetamine, cannabis, and MDMA and was sentenced to 10 years and 10 months imprisonment.
R v King [2020] QCA 009 – the defendant trafficked in methylamphetamine and received a head sentence of 9 years. He was 32 years old and had a criminal history. There was a substantial commercial component and the trafficking was conducted for more than 8 months.
FAQ - Keypoints Drug Offences in Qld
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Importing border-controlled drugs or plants is a serious criminal offence in Australia.
To ‘import’ means to bring the substance into Australia or to deal with it in connection with its importation.
This broad definition includes not only physically bringing drugs into the country but also actions related to facilitating their importation.
Examples include:
Packaging the drugs
Transporting the drugs
Collecting the drugs upon arrival in Australia
Making the drugs available to another person
Storing or unpacking the drugs
Arranging payment for those involved in the process
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Penalties for drug importation vary based on the quantity and type of drug.
Importing smaller quantities can result in up to 10 years imprisonment.
Importing a marketable quantity carries penalties of up to 25 years imprisonment.
For commercial quantities, the maximum penalty is life imprisonment.
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Drug importation cases often involve complex investigations led by federal agencies such as the Australian Federal Police (AFP) and the Australian Border Force (ABF). Common techniques include:
Surveillance and undercover operations
Intercepted communications and customs inspections
Forensic analysis of electronic devices
Financial tracking to uncover links to organised networks
It is important to choose a criminal drug lawyer experienced in these investigative techniques to ensure you have the best chance of defending the charge.
Drug Importation
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Drug trafficking is one of the most serious drug offences in Queensland.
It involves the commercial supply of drugs, which includes selling and distributing drugs for profit or purchasing drugs for the purpose of dealing in it or supplying it for reward to another.
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To prove drug trafficking, the prosecution must establish that a person was ‘carrying on the business of trafficking’.
This usually involves evidence of repetition and continuity in operations for commercial gain.
Examples include maintaining regular suppliers or buyers, organising distribution networks, or dealing with significant quantities of drugs over time.
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Penalties for drug trafficking are severe, with the maximum penalty being life imprisonment.
Factors that influence sentencing include the scale of the operation, the type of substances involved, the individual’s role, and any prior criminal history.
Drug Trafficking
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Producing dangerous drugs, whether through manufacturing synthetic substances or cultivating plants, is a serious offence in Queensland. This includes activities such as operating a laboratory to manufacture drugs, growing cannabis plants, or extracting substances for distribution.
The severity of the charge often depends on the type and quantity of drugs involved, as well as the scale and sophistication of the operation.
Producing a Dangerous Drug
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Supplying dangerous drugs includes acts such as giving, distributing, selling, administering, transporting, or otherwise supplying dangerous drugs.
It also includes offering to perform any of these acts or engaging in preparatory actions.
Preparatory acts can include possession with the intention to sell or supply the drugs.
In some cases, even supplying drugs to oneself can fall within the definition of supply if the person is a party to the transaction.
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There is generally no requirement to prove actual delivery of the drugs.
For example, mailing a prohibited substance, knowing its nature, with the intention that it be received by a particular person at a particular place, is sufficient to establish the offence.
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The offence is treated more seriously in certain circumstances, such as:
a minor (under 18 years old)
an intellectually impaired person
a person within a school or other educational institution (excluding tertiary or adult education)
a person in a correctional facility
a person who is unaware they are being supplied with a drug
Supplying Dangerous Drugs
Possessing Dangerous Drugs
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Possessing dangerous drugs in Queensland can result in penalties ranging from fines to imprisonment, depending on the type and quantity of the substance.
In some cases, minor drug possession offences may be eligible for drug diversion programs, which focus on rehabilitation rather than punishment.
These programs aim to provide education and treatment for individuals, helping them avoid a criminal record.
What should I do if I have been charged with a drug offence in Qld?
Early advice is critical and can significantly affect the outcome of your case. Follow these key steps when choosing the best drug lawyer in Brisbane:
Call an experienced drugs lawyer in Brisbane – When facing serious drug charges in Queensland, it is important to choose a Brisbane lawyer with extensive experience defending trafficking, importation, and supply matters, a proven track record of trial results, and knowledge of Queensland and Commonwealth drug laws.
Exercise your right to silence – Do not answer police questions or make statements until you have spoken with a lawyer. Anything you say may later be used in evidence.
Preserve evidence for your defence – Retain any material that may support your case, such as text messages, receipts, or documents. Identify potential witnesses and provide their details to your lawyer.
Our experienced Brisbane criminal lawyers are available now to discuss the best strategies to win your case and protect your future.
Our criminal defence lawyers are available now
Fill in a Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.