QLD Drugs - What Sentence to Expect for First Time Offenders?

Discussion in 'Criminal Law Forum' started by AidenR17, 28 August 2018.

  1. AidenR17

    AidenR17 Active Member

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    My friends and I all got caught last night with weed on us, all of them are 17 and got drug diversion classes.

    However I wasn't so lucky. I am now being accused of:
    2x Possession of dangerous drug (weed)
    1x Possession of utensil (pipe)
    1x Possession of thing (grinder)
    1x Possession of property suspected (they think my friends weed is mine)

    They also suspect that I am selling weed because I had small amounts in bags, and they are trying to get into my phone to find evidence of drug dealing. There isn't any evidence on my phone but I need to know if they'll be able to use the multiple small bags as evidence to also charge me for supplying dangerous drugs..

    I am 18 and I have a court date next month at the magistrates court, this is my first offence. I need to know what to expect from my sentence.
     
  2. Tim W

    Tim W Lawyer
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    Pleading guilty, are you?
     
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  3. AidenR17

    AidenR17 Active Member

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    I don't know yet. I need to speak to a lawyer first. What would be the best option in my situation?
     
  4. Tim W

    Tim W Lawyer
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    Speaking to a lawyer is always a good idea in cases like this.
     
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  5. AidenR17

    AidenR17 Active Member

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    Getting legal advice tomorrow, thanks
     
  6. Bill Murray

    Bill Murray Well-Known Member

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    Speaking to a lawyer won't really change the question of whether you are pleading guilty though unless the Police have incorrectly used a power which I will assume they have not.

    You've got two separate possession charges which means you had something other than Cannabis on you which rendered you unable to obtain diversion from the Police.

    Assuming you don't get hit with supply (and multiple smaller bags can support a supply charge depending on the quantities and weights) the magistrate will probably give you diversion anyway if you have a decent lawyer.

    TLDR; go see a lawyer, you'll plead guilty and get diversion.
     
  7. Been2Trial

    Been2Trial Well-Known Member

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    What were the quantities/weights?

    The utensils charges probably won't add any significant difference to the ultimate penalty the judge decides on, common sense should prevail and they will be recognized for what they are in the context.

    If you had portions of weed seperated into those bags, you might have a hard time explaining that, but if the baggies were empty, then there is definitely grounds to deny that they are sufficient proof to support a dealing allegation.

    The fact you had implements actually goes to support the case that you are simply a drug user, and provided there is no evidence to suggest otherwise on your phone, then I would discuss the possibility of a plea deal with your lawyer and the DPP (if you indeed do actually end up being charged with the more serious supply offence) where you will plead guilty to the obvious stuff like being in possession of the drugs and save the courts time, give the DPP a "win" and cop the penalty instead of potentially challenging their case for supply and making a whole lot of paperwork for them on what might already be a weak case.
     
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