WA Need urgent advice on what to do.

[Ben Folk]

I'm in highschool year 11 (16 years old). At lunchtime got caught vaping in the toilets and was taken to the office and searched. Teacher found my wallet with $955 cash in it. When the teacher threatened to call the police to investigate the money I admitted I had sold my prescribed dexamphetamine pills to obtain the money. Teacher said he wouldn't tell the police but my mum just got a call saying the police have been informed and that I will have a meeting with my parents, the teacher and the police in 6 days.
How serious is this? Am I facing real criminal charges and do I have to contact a lawyer? As the police have not contacted me or my parents yet does this mean it isn't as serious?

 

[Scruff]

To indicate how serious this is, being caught with just 2 grams or more of dexamphetamine is enough to be charged with supply under the WA Misuse of Drugs Act. So yes, selling this stuff is very serious.

You haven't said anything about this, so I will assume the worst at this point, in that you sold the drugs to fellow underage students and that you did so on school property.

Although you don't say if you had any of the drug on you at the time, you did confess to selling it, so that in itself is an admission of supply. I don't know for sure, but I would think that the Police could charge you with supply based on the admission you've already made to the school, regardless of the amount you sold. (Someone will correct me if I'm wrong about that.) So yes, you should speak to a lawyer and you should do so before speaking to the Police.

The other serious issue you face is what action the school will take. Unless there's a law that prevents it, I would expect that you're looking at expulsion. Drugs in schools is an extremely serious issue and if the school doesn't act accordingly and word gets out, then there will be backlash - and the school will be well aware of that. (Think of a few hundred parents bashing the principle's door down threatening to pull their kids out of the school. Extreme example? Maybe, maybe not.)

On a personal note, I hope your mum gave you a severe clip around the ear and that you've learned your lesson. You're far too young to get involved in this sort of thing. It may seem harmless at the time, but it's illegal for a very good reason. Dealers always start off small, but there's only one road from there - and it's all downhill. I hope you can see that now and that you're smart enough not to throw your life away. At the end of the day, it simply isn't worth it.

Best of luck.

 

[GlassHalfFull]

Although I agree with Scruff that it's pretty serious and you should never have started selling drugs in the first place, I can only say additionally that perhaps you should not have told your teacher the truth in this case, especially the way things have turned out and the teacher clearly didn't keep his promise. As things stand, my advice is just to make the best of a bad situation and try to convince everyone that this was a stupid thing that is out of character and you would never do it ever again. You may be shown leniency, but really, who knows at this point?

From a legal point of view, I am not sure whether you would be convicted though? Unless there is more concrete evidence of an actual deal (a statement made by one of the kids you sold to, for example), is a generalised confession to a teacher enough? I imagine it would be considered hearsay. But I'm far from a lawyer, just a layperson interested in learning more about the law.

 

[Adam1user]

I can only say additionally that perhaps you should not have told your teacher the truth in this case,

Glasshalffull, Great advice!!!!! you are encouraging this person to keep doing that again and again!!!!! I guess society needs more people like this.

 

[GlassHalfFull]

Glasshalffull, Great advice!!!!! you are encouraging this person to keep doing that again and again!!!!! I guess society needs more people like this.

Don't be ridiculous. I clearly said "try to convince everyone that this was a stupid thing that is out of character and you would never do it ever again". My point about not telling the teacher was simply damage control to avoid being charged with a crime that there was no direct evidence of at that point. This is a criminal law advice forum. I suppose you'd also tell criminal lawyers to advise their clients to always admit to every crime they've committed? Come on, obviously I'm not condoning or encouraging drug dealing.

 

[Adam1user]

Don't be ridiculous. I clearly said "try to convince everyone that this was a stupid thing that is out of character and you would never do it ever again". My point about not telling the teacher was simply damage control to avoid being charged with a crime that there was no direct evidence of at that point. This is a criminal law advice forum. I suppose you'd also tell criminal lawyers to advise their clients to always admit to every crime they've committed? Come on, obviously I'm not condoning or encouraging drug dealing.

In this case, if the teacher kept quite, then this would not have been brought to the attention of the police. As comparing it to criminal lawyer, that is not a correct way to do it, the criminal lawyer is to ensure that the law is applied to the criminal and his legal rights are not thrown out of the window, not to lie or try to assist the criminal to avoid his/her fate by lying or providing false information.
You are advising a young person and you are not a criminal lawyer, so the best way is not to give ideas to avoid detection. Asking him not to do it again, I am sure OP will listen to you directly and not do it again and why would you need damage control to such person, your condoning or encouraging it or not, does not have an effect on the outcome of the OP future behavior. Let that person get what he deserves, the OP actions does not affect just who takes the drugs, but their families and society (for the OP personal benefit, the OP did not think what happens to others for taking drugs). These matters should not be taken easily and there should be harder punishment on it, just like what happened to the Bali nine, so other people would think twice before engaging in similar actions.

Reading your comment again "try to convince everyone...." seriously??? do you think this person will not do it again, if the OP is off the hook? I really doubt that, that person has seen how easy to get so much money for little work!!!!! that person will sure stop doing it for sure!!![I am sarcastic here]. Still your advice is bad for this person, this person should get what he deserve. No mercy from me.

 

[Adam1user]

to avoid being charged with a crime that there was no direct evidence of at that point.

Seriously again!!!!! the OP has admitted to it (stealing and dealing drugs), do you want video and audio recording, 100 witnesses and many TV channels covering the deal going on????? Do you really want this person on the street again? Your advice is wrong in many ways as if you are defending this person.