Facing A drug offence charge in QLD?

It is a crime unlawfully to have possession of a dangerous drug. (Insert name of drug) is a dangerous drug. If the defendant had possession of that drug, that possession was not lawful. The central issue in the case therefore concerns possession.

The maximum penalty depends on the type of drugs, quantity of drugs, and whether the person was drug dependant, and ranges from 15 to 25 years imprisonment.

In Queensland, supply encompasses to ‘give, distribute, sell, administer, transport or supply’ in s 4 of the Drugs Misuse Act 1986 (Qld), as well as doing or offering to do any preparatory act that furthers these purposes.

The maximum penalty for Supplying a Schedule 1 Drug is 20 years imprisonment, permitting there are no aggravating circumstances. Further the maximum penalty for Supplying a Schedule 2 Drug is 15 years imprisonment.

It is a crime to carry on a business of unlawfully trafficking in a dangerous drug. "Trafficking" includes selling. The critical question is whether the defendant was carrying on a business of selling at some time between the dates, and at the place, mentioned in the Indictment. Trafficking is distinguished from supplying by its commercial nature.

What does the expression "carrying on a business" connote in this context?

Generally speaking, a single sale may be proved to have been carried out in such circumstances as to show that it was a part of the carrying on of a business. However, mere occasional sales of the drug could not amount to the carrying on of a business of selling it. "Carrying on a business" for present purposes signifies much more than a few isolated transactions. The expression connotes a continuous course of conduct engaged in to obtain a reward of a commercial character. Proof of the carrying on of a business therefore requires the prosecution to establish several transactions done for gain over more than a brief interval. Repetition of acts, and activities of a commercial nature possessing something of a permanent character, are hallmarks of a business being carried on. But the person need not intend to trade indefinitely before that person can be said to be carrying on a business. Nor must the venture be profitable before it may fairly answer the description "business".

The reward need not be money. For example, an addict could carry on a business though the only reward is drugs for personal consumption. And it is scarcely to be expected that a person who carries on an illicit trade would establish shop premises, have business cards, or advertise. It is not essential to the identification of a venture as a business that it have more than one customer. Some businesses of their nature will have more than one customer, others may not.

Under section 5 of the Drugs Misuse Act 1986, any person who carries on the business of unlawfully trafficking in a dangerous drug in Queensland is guilty of a crime. The maximum penalty for this is 25 years imprisonment for a schedule 1 drug, and 20 years imprisonment for a schedule 2 drug.