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Possessing A Dangerous Drug – S9 DMA

Drug Offences – QLD

Welcome to the QLD Possessing A Dangerous Drug – S9 DMA article page. Everything you need to know about Possessing A Dangerous Drug – S9 DMA according to QLD law – Dated: 20/04/2011

What the Law States according to QLD Law for Possessing A Dangerous Drug – S9 DMA

According to QLD Law for the charge of Possessing A Dangerous Drug – S9 DMA:

Section 9 of the Drug Misuse Act 1986 states:

A person who unlawfully has possession of a dangerous drug is guilty of a crime.

The Maximum Penalty – Possessing A Dangerous Drug – S9 DMA

According to QLD Law for the charge of Possessing A Dangerous Drug – S9 DMA:

Maximum penalties of imprisonment will depend on the type of drug you have and the quantities you have it in.

The Drugs Misuse Regulations 1987 sets out more serious Schedule 1 drugs (eg. Amphetamine, Cocaine, Heroin, Ectstasy) and less serious schedule 2 drugs (eg Cannabis, Barbital). The regulations then set out specified quantities of the drugs in schedules 3 and 4.

The following table sets out maximum lengths of imprisonment:

Amount

Type of drug Above those listed in Schedule 4 Above those listed in Schedule 3 Other Cases (lesser quantities)
Schedule 1 25 Years 25 Years
20 if drug dependant
Nb, must be below schedule 4 amounts
15 Years
Schedule 2 n/a 20 years 15 Years

What the Police must prove according to QLD Law for Possessing A Dangerous Drug – S9 DMA

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

  1. The accused had in his or her possession. Possession means physical control or custody. You do not possess a thing unless you have it or else can actually exercise dominion over it. Note that under section 129(1)(c) of the Drugs Misuse act proof that a dangerous drug was at the material time in or on a place of which that person was the occupier or concerned in the management or control is conclusive poof that the drug was then in the person’s possession unless the person shows he or she neither knew or had reason to suspect that the drug was in or on that place.
  2. It is a dangerous drug. Note however that under section 129 of the Drugs Misuse Act:
    1. it is not necessary to particularise the dangerous drug in respect of which the offence is alleged to have been committed; and
    2. that person shall be liable to be convicted as charged notwithstanding that the identity of the dangerous drug to which the charge relates is not proved to the satisfaction of the court that hears the charge if the court is satisfied that the thing to which the charge relates was at the material time a dangerous drug.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under QLD Law – Possessing A Dangerous Drug – S9 DMA

The Drug Misuse Act provides a defence to the offence. Section 124(2) states:

A person is not criminally responsible for an offence defined in section 9 if the dangerous drug is one specified in the Drugs Misuse Regulation 1987, schedule 5 and if the person proves that–

  1. it was given to the person by a person to whom the person reasonably believed it had been prescribed by a medical practitioner for the same or a similar condition with which the person was suffering at the time it was given to the person; and
  2. the quantity received by the person was no greater than a single dosage prescribed for that person; and
  3. it was immediately consumed by the person in that person’s presence.

Further restrictions on the defence apply.

Other possible defences to this offence include but are not limited to:

  1. Honestly and reasonably believing that the containers (etc) did not contain a dangerous drug;
  2. Not having control of the drug
  3. Having no knowledge of or reason to suspect the existence or nature of the drug
  4. Duress
  5. That the substance is not in law a dangerous drug

In QLD which court will hear the matter – Possessing A Dangerous Drug – S9 DMA

Under section 13 of the Drugs Misuse Act 1986 certain (less serious with maximum penalties of less than 15 years) offences can be dealt with summarily in the Magistrates Court. These will be possession charges of quantities of Dangerous Drugs less than the amounts specified in schedule 3 of the Drugs Misuse Regulations.

Other (more serious) offences will be indictable and will be heard in the Supreme Court.

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