Commercial Possession of Drugs

Have you been charged with commercial possession of dangerous drugs? This offence may also be referred to as possessing drugs at a commercial level.

Charges in relation to possessing dangerous drugs can vary significantly. Minor and less serious cases of possessing dangerous drugs can result in drug diversion orders being made in the Magistrates Court, while larger or commercial quantities may be punishable by actual terms of imprisonment. As a result, these matters are often transmitted to the District or Supreme Court. To determine which court, regard must be given to the type of drug, quantity, and the purpose for which it was possessed. These variables make a significant difference to how the charge is likely to proceed.

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Commercial Possession of Drugs, Commerciality, Commercial Quantity, Supplying Dangerous Drugs, Best Lawyer, Selling Dangerous Drugs, Aegis, Supply, Brisbane Criminal Lawyers

The Process for Commercial Drug Charges

We recognise that people may possess drugs for a variety of reasons, which usually include personal or recreational use, which depending on the quantity, may be disposed of summarily in the Magistrates Court. However, as drug related offences become more serious, so do the penalties and the District or Supreme Court may be required to hear the matter. In relation to these matters, it is still recognised that there may be underlying causes such as addiction. If commerciality is alleged in relation to your offence, this may indicate there is an intention to supply dangerous drugs or engage in trafficking. Whatever the reason, our role will be to pursue the best available outcome without judgement. To ensure this, we may review the charge and the evidence relied upon. This may require:

Reviewing the validity of the search warrant/s
Reviewing the chain of custody in relation to evidence
Whether the evidence supports each element of the charge
Whether the charge/s can be proven at the requisite standard

When a person is charged with possessing a commercial quantity of dangerous drugs, the penalties can be significant and depending on the quantity, may usually result in a term of imprisonment. The reason for this is that the commercial quantity element often indicates an intent to engage in supplying or trafficking dangerous drugs.

What is Commercial Possession of Dangerous Drugs?

In Queensland, the matter of R v Nguyen (2005) 12 VR 2999, 154 A Crime R 360 (CA) is often cited in relation to these matters. The court in a joint judgement provided:

“[T]he jury should be directed that in deciding whether the intention to traffick in a prohibited drug in not less than a large commercial quantity has been proved to their satisfaction they should have regard to any direct evidence as to that intention, but might also draw the inference that the accused had such an intention from the circumstances of the case. One such circumstance which would be capable, in itself, of proving the relevant intention would arise if they were satisfied that the accused knew there was a significant or real chance that the trafficking of the prohibited drug in which it has been proved he engaged would involve quantities of the drug not less than a large commercial quantity. Such a conclusion would enable them to draw the inference that the accused had the relevant intention to traffick in a large commercial quantity of the drug. The jury, however, would have to be told that whether they make those findings or draw that inference is a matter for them, and even if the inference is open to be drawn that the accused intended to traffick in a large commercial quantity of the drug, they could not so conclude beyond reasonable doubt if any other inference is reasonably open to be drawn. The jury might then be directed to adopt the same approach when considering, if it proves necessary, whether, in the alternative, intention to traffick in a commercial quantity of the drug has been proved.”

In summarising this precedent, it may be reasonable to draw an inference that a large quantity is too significant to be solely for personal and/or recreational use. As such, the only reasonable explanation may be that it is possessed for commercial purposes.

Penalties and Mitigation for Commercial Drug Possession

If commerciality applies, there still is many circumstances which may reduce the severity of the alleged offence. A key mitigating point may be that the person who possessed a commercial quantity of dangerous drugs has an addiction and/or is a drug user. When assessing addiction, the court must be satisfied on the balance of probabilities (which differs from the typical criminal standard), that there was a link between that addiction and the commission of the offence or offences. The matter of R v Bouchard (1996) 84 A Crim R 499, Callaway JA, delivers a leading judgement:

“It may be [a] very significant factor in sentencing that an offender engaged in trafficking, especially at street level, in order to gain the wherewithal to satisfy his own craving, rather than as a non-user…”

If you have been charged with an offence relating to commercial possession of a dangerous drug, supplying dangerous drugs, trafficking in dangerous drugs or any other offence of a like nature, we recommend seeking legal advice.

We have experience assisting people with drug related charges. In relation to this, we know that charge/s can change between arrest and the final court date, which includes the alleged facts, maximum penalties, and, but not limited to, whether all charge/s proceed. Accordingly, you may be guilty, but not of the offence that you are charged with. As such, our role will be to assist you in reviewing the case against you and challenging the evidence where required. This may result in:

Challenging the element of commerciality, which might allow for summary election
Challenging the nature of the supply
Challenging the quantity and period of trafficking

While drug related offences may yield significant maximum penalties, our role will be to reduce the likely penalties imposed through negotiating the facts and challenging the evidence where possible. If you have been charged with any criminal offence or in particular, possessing dangerous drugs, organise a complimentary case assessment on 0401 999 347.