QLD Caught with 6g of MDMA and 15g of Marijuana - Average Sentence?

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Shane888

Active Member
11 January 2019
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31
My questions please:

1 - What kind of an average sentence would someone get for this? Do I go to jail? Or do I get a non-jail punishment? (My only history is one time being caught with very little and being given a diversion order and no conviction).

2 - Is there is any way or chance for me to get another diversion even when the amount of MDMA is too big?

(I am on Centrelink and cannot afford a lawyer but will go to talk to legal aid)

Thanks!
 

Bill Murray

Well-Known Member
6 June 2018
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19
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You have the funds to purchase almost $1,000 of MDMA...

Go and pay a lawyer.

I cbf looking up the schedules but given a hit of crystal MDMA is 1 point/0.1g you have essentially 60 hits of MDMA.

You're a dealer.
 

Shane888

Active Member
11 January 2019
6
0
31
It actually was not mine but someone else (from the few people who were in my car that night...), and (unlike you) I don't actually have any idea how much it costs to buy that many drugs, and I am not a dealer of anything as I never in my whole life dealt with anything illegal. Anyway --- if anyone can help my question and not just troll for no reason, I will really appreciate a real response.

Thanks.
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
You have given almost no information.

You've probably been charged with supply - but depending on what else they found that is possibly go trafficking for that much MDMA.

If supply - no jail term. If traffic - you'll likely see the inside of a jail cell at some stage.
 

Shane888

Active Member
11 January 2019
6
0
31
thank you very much for your kindness in answering here Bill.
what other information should I give you please for a better reply?
I am waiting now for a court date when I was told they will refer the case for a higher court because it was (I think if I got it right) 'schedule 3' amount.
it was actually not mine but was found in my car and as I never dealt any drugs anyway in my whole life I am sure there will not be any kind of evidence of "trafficking" - if by trafficking is meant to show a person was selling the drugs to other people.
the marihuana was actually mine.
the mdma was not - but I am not sure if I should try and explain it and fight it as there is no evidence it belongs to someone else, or I should just admit it even if it wasn't mine just because I was told that if you admit you get a lighter sentence and if you don't admit and they decide you are guilty then you get a bigger sentence. law is so complicated :(
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
thank you very much for your kindness in answering here Bill.
what other information should I give you please for a better reply?
The specific charges.

Did they take your phone? Are you being honest with us when you say that it was not yours? That won't save you but if it wasn't yours and you are not bullshitting us then you shouldn't be charged with Trafficking because you weren't.

I am waiting now for a court date when I was told they will refer the case for a higher court because it was (I think if I got it right) 'schedule 3' amount.
Schedule 3 relates to possession so at the very least you are being charged with possess - the 6g of MDMA is the issue. 15g of weed, no one gives a s**t about it. For 15g of weed you'd get a small fine.

They must be opting for it to be indicted as opposed to heard summarily.

it was actually not mine but was found in my car and as I never dealt any drugs anyway in my whole life I am sure there will not be any kind of evidence of "trafficking" - if by trafficking is meant to show a person was selling the drugs to other people.
the marihuana was actually mine.
Trafficking requires a bit more than selling it. In laymans terms Trafficking would be running a business and Supplying (the charge of supply) would be a hobby. It's not quite that simple though.

If you're being honest then you will not get a trafficking charge.

the mdma was not - but I am not sure if I should try and explain it and fight it as there is no evidence it belongs to someone else, or I should just admit it even if it wasn't mine just because I was told that if you admit you get a lighter sentence and if you don't admit and they decide you are guilty then you get a bigger sentence. law is so complicated :(
You're going to have a tough time fighting a possession charge if it was found in your car. Speak with legal aid, I'd say it is unlikely that you'd face jail but it'll be more serious than diversion.
 

Shane888

Active Member
11 January 2019
6
0
31
Hi Bill, thanks again for caring enough to answer.
Yes that mdma was not mine but was in my car so I know I am f****d as far as having it is concerned. and they did take my phone, yes, but I never in my life dealt any drugs whatsoever so I know I cannot be charged with any drug dealing. i did buy 'party' drugs very few times in my life, but never sold any. the charge is "possessing schedule 1 drug quantity of or exceeding schedule 3 but less than schedule 4". I am trying to get legal aid to help me, but I am yet to succeed in getting any advice from them which is fair enough - they still trying to get all the info etc and they will represent me but refused to 'speculate' on what might happen and were very busy so I did not want to insist - so I am basically left in the total dark as I have ZERO idea WHAT kind of punishment (best and worse) I might be expecting... which, as anyone can imagine, is making me sleepless at nights and so nervous... :( so any help even the most basic actual qld-law in-reality boundaries of 'worst and best' case scenarios would be very kindly received in thankfulness... Thanks!
 

Shane888

Active Member
11 January 2019
6
0
31
I should prob add: my one (and only) criminal related history is once being caught with two pills and being given 'diversion' with 'no criminal conviction'. which in a way is bad I guess as it shows I am related to party-drugs-taking-culture, but in a way maybe is ok as I assume most real drug dealers would have real criminal history already behind them.... but I am so ignorant of these law-related
things that I don't really know what they really mean :(
 

Scruff

Well-Known Member
25 July 2018
817
126
2,389
NSW
Due to having several different drug dealers living next door to me over the last 40 years (at different times in the same house mind you), I don't normally respond to drug related questions at all for obvious reasons. But in this case, I'm satisfied that the MDMA may not have been yours, so here's some friendly advice...

"most real drug dealers" also have to be caught for the first time - so don't ever think that the Police or the Courts expect dealers to already have criminal records, or that they won't consider you a dealer because you don't have one. They never ever make any such assumption. The MDMA was in your possession and the quantity is enough for supply - that is all that matters.

Also remember that regardless of what the outcome is here, the quantity involved is going to be extremely detrimental to you if you're caught with anything at all again in the future, no matter what it is or what the quantity is. This one is going to give you a history and that history is now going to come back and bite you on the a**e like a rabid dog every chance it gets - but this is solely up to you and whether or not you're going to give it that chance.

I strongly advise you to start re-thinking your choices right now, especially who you associate with - before your own recklessness or your so called "friends" get you into some really serious trouble, because if that happens, there is very rarely a road back to a normal life.

Take it from someone who has personally seen countless lives destroyed due to drugs and the consequences of drug related convictions.

Best of luck.
 
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