Caught with Drugs?

AJ Faisal
August 30, 2021

Defence to Drug Offence

The most common misunderstanding we have about drug possession charges is that some of us believe that as long as the drug is not mine, I am not doing anything wrong.

You need to understand the meaning of “Possession”, you can be in possession of someone else’s belongings. So, if the police find you with drug or drugs in your house or property that your friends may own, maybe some cannabis, weed, methamphetamine, ice, green, MDMA or whatever drug it is, then you could be charged with s.9 of the drug misuse act!

But the Prosecution must need to prove that the person who is possessing the drug has the knowledge of it. The principle of this rule most likely came from Lockyer v Gibb [1967] 2 QB 243. It was stated that “it is quite clear that a person cannot be said to be in possession of some article which he or she does not realise is.”

Drugs Misuse Act 1986 (QLD)

Section 9 Possessing dangerous drugs

(1) A person who unlawfully has possession of a dangerous drug is guilty of a crime Maximum penalty could 25 years of imprisonment.

Need Legal Advice?

You may have arguable defence to challenge your drug related charges but it might be best if you seek legal advice before that. This article contains only the crux, there are more important information you need to know if you proceed to challenge. Failing to prove your point in the court will result additional penalty. Such as harsher sentence or Offender Levy.

Brisbane, Queensland.

THIS IS A BLOG POST Every case is Unique. Small difference can make huge distinction in Criminal matters. You should contact me if you need legal advice specific to your matter. Call - 07 31 033 044

About AJ Faisal

I understand people who find themselves facing criminal charges. Most of them are just good people caught in tough situations or have had a disadvantaged life, and I see it as my job to stand by them and make sure their side of the story is told. That’s why I chose to be defence lawyer — not on the other side. Most importantly, just because you did something doesn’t necessarily mean you’re guilty or that what you did was unlawful.

Every case is different, and I believe every person deserves to be heard. I like to dig deep, look at things from all angles, and find details that others often miss. I’m creative and open-minded — because sometimes, thinking outside the box can make all the difference. I’ve been passionate about criminal defence since 2019.

Since then, I’ve worked on thousands of cases — each one teaching me something new about people, fairness, and second chances. What drives me most is helping clients move forward with confidence and peace of mind. Just give me a call, and you’ll find out that I’m not an ordinary lawyer.

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