Trafficking Dangerous Drugs

Have you been charged with the criminal law offence of trafficking dangerous drugs? It's important to seek legal advice from an experienced lawyer as soon as possible. Learn more about this serious drug offence below.

s.5 Trafficking in Dangerous Drugs (Drugs Misuse Act Queensland)

(1) A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime. Maximum penalty—25 years imprisonment.

In Queensland, it is an offence to carry on the business of trafficking dangerous drugs. A person may be charged with this offence if they advertise or promote the product by communicating with potential buyers, set up lines of supply, arrange for deliveries, solicit and receive orders and negotiate the process and terms of supply. The offender must receive a financial benefit from the exercise, and the Trafficking activity must continue for more than a brief period of time.

A person trading in or dealing with (including selling) dangerous drugs may be charged with this offence. It is not necessary that a commercial drug enterprise be of a particular size to constitute Trafficking, however people engaging in small-scale trade or simply buying and selling Dangerous Drugs may be charged with Supplying or Possessing Dangerous Drugs instead.

The maximum penalty for trafficking Schedule 1 Drugs is 25 years imprisonment, while the penalty for trafficking Schedule 2 Drugs is 20 years imprisonment. However, factors including the complexity and value of the trafficking operation will affect the severity of the sentence handed down. Trafficking offences must be dealt with in the Supreme Court.

In Queensland, if a person is convicted of Trafficking Dangerous Drugs, then the court could impose one of the following penalties:

  • Imprisonment (suspended, parole or actual time);
  • Intensive Corrections Order;
  • Probation.

The actual penalty impose will depend on the seriousness of the offending and the circumstances of the case. The sentence imposed significantly depends on the defendant’s financial gain, the scale of the operation and the quantities of drugs trafficked as well as the circumstances of the individual.

Are there any defences available to this charge?

Yes. The facts of your case will determine which defences will be available for you. The following defences may be available to you:

  • The substance was not a dangerous drug;
  • No involvement in trafficking by the defendant.

What should I do if the police want to speak to me about a drug trafficking allegation or if I am charged with Trafficking Dangerous Drugs?

You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.

Call an Expert

If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.

Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.

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