Drug charges in Western Australia range from possession for personal use to allegations of supply, manufacture and trafficking. The charge, the amount and type of drug, the circumstances of the police investigation and the evidence available will affect how the matter is dealt with.
Possession can extend beyond drugs found on a person. It may include drugs found in a vehicle, home or other place where the prosecution alleges the person has control over them.
Supply does not necessarily involve a commercial sale. It can include providing, delivering or making a prohibited drug available to another person.
Common Drug Charges
Possession of a prohibited drug
Possession is generally a simple offence. The prosecution must prove that the person possessed the drug and knew it was there. The facts may be significant where drugs are found in a shared vehicle, home or bag.
Possession with intent to sell or supply
This is a more serious allegation. Police may rely on the quantity of the drug, packaging, cash, messages or other material to allege an intention to sell or supply. For higher quantities, the law presumes an intention to sell or supply. The evidence and the explanation for being in possession of the drugs need to be considered carefully.
Supply or selling a prohibited drug
Supply can include giving, delivering, distributing or making drugs available to another person. It is not limited to selling drugs for money. Supply charges can be dealt with on indictment, and can carry significant penalties.
Drug trafficking
Trafficking allegations are serious and may involve claims of repeated supply or possession of substantial quantities. These cases commonly require detailed review of the prosecution material, including communications, financial records and the alleged pattern of conduct.
What happens after you’re charged with a drug offence?
A drug matter may begin with a search, arrest, notice to attend court or summons. Police may seize drugs, phones, cash or other property during an investigation.
Bail may be granted by police or considered by a court. The matter will then proceed through the court process. This may involve obtaining the prosecution evidence, discussions with the prosecution, a plea of guilty, a defended hearing or a trial.
We explain the options early, identify the issues that will matter, and present your case to the court at its best.
How we can help with drug charges
- Advise before a police interview or court appearance.
- Review the charge and prosecution evidence.
- Represent you in a bail application, including where this is opposed by the prosecution.
- Advise on a plea or defended hearing.
- Prepare material for sentencing where appropriate.
- Represent you in the Magistrates, District and Supreme Courts.
