Producing dangerous drugs which ended in a fine and no conviction recorded

Potts Lawyers > Producing dangerous drugs which ended in a fine and no conviction recorded

Offence: Producing dangerous drugs,

Possessing dangerous drugs,

Possessing anything used in the commission of crime;

Possessing utensils.

Court: Magistrates Court

Date: March 2021

Maximum Penalty: Producing dangerous drugs – 20 years imprisonment

Possessing dangerous drugs – 20 years imprisonment

Solicitor: Sinead Garland

The police executed a search warrant at our client’s home on Stradbroke Island. During the search, the police located:

10g of cannabis;
4 Cannabis plants approximately 30 cm in height;
an unsophisticated hydroponic set up; and
utensils related to use/smoking cannabis (electronic grinder, .water pipe and scales).

At the time of his arrest, our client made admissions to police that he grew his own cannabis and used it himself.

Following successful negotiations with the Prosecution, the Prosecution agreed to deal with the matter summarily (which means that the matter could be dealt with in the Magistrates Court as opposed to the District Court).

At sentence, the Prosecution read out the facts to the court and indicated that having regard to a clients age (54 years of age), and the fact that our client had a previous entry on his criminal history for like offending, that a period of probation was within range of as well as a conviction being recorded.

Miss Garland then made lengthy submissions to the Magistrate summarising our client(s),

background;
dated criminal history;
illnesses and ailments our client suffered from (which was the reason why our client started to experiment with cannabis);
is now prescribed medicinal marijuana for his illnesses;
the impact of conviction would have on his businesses overseas as well as his future plans to travel overseas for his businesses; and
early plea of guilty and remorse.

During sentence, Ms Garland made submissions that a significant fine coupled with no conviction being recorded was an appropriate penalty.

In summation, the Magistrate indicated that, having regard to our clients age and previous criminal history, that a period of probation and a conviction being recorded is normally an appropriate penalty. However, the Magistrate indicated that she was willing to accept Ms Garland’s submissions and subsequently fined our client $2,000 (which was referred to the State Penalties Enforcement Registry (SPER) for collection) and directed that no conviction should be recorded against our client.

DRUGS MISUSE ACT 1986 – SECT 8

8 Producing dangerous drugs

(1) A person who unlawfully produces a dangerous drug is guilty of a crime.

Penalty—

Maximum penalty—

(a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or

(b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted—

(i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment;

(ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or

(c) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —20 years imprisonment; or

(d) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or

(e) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —15 years imprisonment.

(2) For a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 , part 2 (a
“part 2 drug” ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully producing.

(3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.

(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

DRUGS MISUSE ACT 1986 – SECT 8

Producing dangerous drugs