FAQs matching Drug Offences

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How does confiscation of property from proceeds of crime laws operate?

Practice Areas: Drug Offences, Criminal Law

Confiscation of proceeds of crime laws are civil actions rather than criminal. Therefore, a person will not have a criminal record attached to their name,...

Are some prescription drugs illegal?

Practice Areas: Drug Offences

It is an offence to possess drugs such as methadone and benzodiazepines without a doctor’s prescription. However, if a doctor has prescribed Valium...

How does the caution scheme operate in relation to minor drug possession?

Practice Areas: Drug Offences

Looking to New South Wales and Victoria, both states allows police officers to exercise their own discretion when cautioning individuals found with a small...

Does mistaken belief also signify criminal intent in relation to criminal offences?

Practice Areas: Drug Offences, Assault & Battery, Robbery & Theft, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters, Terrorist Activities, Criminal Law

Dawson J in He Kaw Teh v The Queen (1985) 157 CLR 523; 60 ALR 449; 15 A Crim R 203, said that because intent forms part of a crime in common law, it is...

What are the elements relating to the offence of trafficking, and cultivating a commercial quantity of drugs?

Practice Areas: Drug Offences

There are two general elements associated with the offence of trafficking or cultivating a commercial quantity of drugs, which are: the drug must be a...

Are police officers required to handcuff every person placed under arrest?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications, Criminal Law Matters

 There is no general rule or requirement that a police officer must handcuff a person who is being arrested. Furthermore, there is also no requirement...

If there has been a determination of guilt by the courts: Do judges have the discretion not to record a conviction?

Practice Areas: Drug Offences, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters

In instances where a determination of guilt has occurred, the majority of people will probably hope that a judge will use their discretion to not record...

Can entrapment be used as a defence in criminal law?

Practice Areas: Court Appearances, Anti-Social Laws, Drug Offences, Weapons, Robbery & Theft, Murder

Although, there is no substantive defence of entrapment available in Australia, numerous judgments in case law has suggested that in circumstances where...

The police have charged me with possessing drugs that were left behind at my place after a party. How can this be right when they aren't mine?

Practice Areas: Drug Offences

In the Northern Territory, Queensland, Tasmania and Victoria, there is a statutory presumption that a person who is the "occupier" of land or premises...

I was found with about 6 grams of cannabis oil on me. Is this a drug possession charge or a supply charge? What can happen?

Practice Areas: Drug Offences

Cannabis oil is listed as a prohibited drug in Schedule 1 of the Act, and 6 grams constituted as a trafficable amount. Under section 29 of the Drug Misuse...

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