Drug Offences

Drug Trafficking in Queensland | Key Offences, Courts & Penalties

Drug Trafficking Charges in Queensland: What You Need to Know Our office regularly receives enquiries from individuals who have been charged with, or are under investigation for, drug trafficking offences in Queensland. This article provides a high-level overview of: The offence of drug trafficking in Queensland; What constitutes a "dangerous drug"; How the police prove drug trafficking; Which courts deal with these matters; Common forms of evidence; and The potential penalties upon conviction. Note: This article applies specifically to Queensland law and does not cover Commonwealth offences such as trafficking controlled drugs under federal legislation. What Is a Dangerous Drug? “Dangerous drugs” are listed in...

Tapering off Vaping: The New Laws in Australia and What It All Means

What Is Changing? The long-awaited restriction on the sale and importation of disposable vaping devices in Australia has been looming over vapers, health practitioners and retailers for some time. In December 2023, the first step was taken by the Governor-General in Federal Executive Council to institute Australia’s new anti-vaping through the commencement of the Therapeutic Goods Legislation Amendment (Vaping) Regulations 2023 (the Regulations). The Regulations have initiated a multi-stage push to address the increasing health risks posed by vaping, specifically for young people in Australia.  However, despite common misconceptions, not all instances in which disposable vapes are possessed, purchased, sold and imported...

The Queensland Police Drug Diversion Program – What’s New and Am I Eligible?

Have you been found in possession of a small amount of party drugs? Jungle juice? Steroids? Maybe a bong, grinder or pipe? Were you arrested, or questioned, by a Queensland police officer about the offence? If so, provided you are eligible, police may have had the obligation to offer you the chance to participate in the police drug diversion program (PDDP). Possessions of small quantities of recreational drugs, drug-related items, prescription medications and controlled drugs make up the majority of low-level drug offending in Queensland, specifically among young people. However, since 2023, political and legal attitudes towards the prosecution of these offences have...

Can I be charged for my housemate possessing drugs or weapons?

Sharing a house with mates can be stressful. Sharing a house with mates who may be committing criminal offences is even more so. Regardless of whether or not you believe you are committing an offence; it is important to prevent yourself from being caught in the crossfire of your housemates’ bad decisions — especially when it relates to the unlawful possession of drugs or weapons offences. The meaning of the term ‘possession’ under Queensland legislation does not follow the ordinary meaning of the term. In some instances, you could be ‘in possession’ of something, or responsible for someone else’s actions, simply by turning...

What is drug diversion?

Article by Shelby Smith – Criminal Lawyer What is drug diversion? The Illicit Drug Court Diversion Program (more commonly known as drug diversion) is a sentencing option for offenders pleading guilty to minor drug offences. This program allows the court to deal with the defendant by imposing a good behaviour bond with a  special condition that they attend a once off drug information and education session. A recognisance amount is attached to the good behaviour bond, which you are not required to pay unless you breach the bond. Drug diversion can be an excellent result for our clients because it means that the court...

Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

R v Nunn [2019] QCA 100 – Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle In a decision by the Court of Appeal on 7 May 2019 and published on 28 May 2019, the Court again affirmed the “extraordinary circumstances” principle which is relevant when dealing with mature persons charged with trafficking in Schedule 1 dangerous drugs. Traditionally, case law dictates that in circumstances where drug trafficking is large scale, the sentences which are imposed on mature offenders who have plead guilty range from 10 – 12 years imprisonment. This recent decision indicates that the principle, is to be...

Drug Importer’s Jail Cell Hell

EXPOSED to beatings, sexual assault and threats while cramped in a third world jail cell with eight other prisoners, Stephen Ploderer was living a nightmare. The 37-year-old was a world away from his Sunshine Coast home waiting to be returned to Australia to face drug importation charges. Ploderer was arrested in Malaysia in 2010 after Australian police discovered his attempt to import almost 1kg of amphetamine from the Netherlands through the post. The former commercial diver and Fraser Island oyster farmer pleaded guilty in Brisbane Supreme Court this week to importing and possessing a marketable quantity of a drug. Justice Peter Applegarth said the...

Sentencing Should Stay With Courts

PREMIER Campbell Newman should confirm the Government’s axing of its Sentencing Advisory Council means that mandatory sentencing – proposed by the former government – has finally been abandoned.

There is disquiet about mandatory sentencing. The previous government set up the sentencing council to find a way to introduce it. The council instead came out against a policy which took the decision-making process from the courts.