Under section 5 of the Drugs Misuse Act 1986 (Qld) (the Act) it is an offence for anyone to carry on the business of unlawfully trafficking dangerous drugs. The Act does not provide a definition for “trafficking” but it has been considered extensively by the Courts. “Trafficking” has been considered to include notions of trading or dealing in something, for a consideration (i.e. money), including all aspects required to “carry on” a business including soliciting or advertising sales, engaging in the movement of the drug from the source to the eventual user, but that it can also include one transaction or supply for valuable consideration.
Trafficking charges are often particularised by multiple individual supply charges, or potential supply charges. Trafficking charges often rely on evidence of communications organising supplies over various technologies e.g. text messages, intercepted phone calls, Facebook or other messaging applications, but can also extend to evidence obtained through covert police operations including surveillance and undercover police operatives.
The maximum penalty is 25 years imprisonment, regardless of the type of drug. All trafficking matters must be dealt with in the Supreme Court.
The other areas of drug offending you may be charged with are:
Our criminal defence team have extensive experience navigating the Supreme Court system and can offer you knowledgeable and practical advice if you are facing charges of trafficking in dangerous drugs. We have also successfully negotiated with the police to have trafficking offences downgraded to charges of supplying dangerous drugs on numerous occasions, achieving the best result for our client and minimising any sentence received. If you have been charged with trafficking dangerous drugs it is important to seek legal advice early on to ensure you case is prepared optimally from the beginning and to allow any negotiations to take place. To speak to an experienced member of our Criminal Defence Team call 07 3229 4459.
For more information about drug offences and sentencing options follow the links below.
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
