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March 17, 2020

Public Liability Claims and the Civil Liability Act

Drug Offences

Before speaking with police you should consult a criminal defence lawyer for legal advice. Our drug defence lawyers have over 25 years of combined experience and have dealt with many drug related cases.

Drug offences in Western Australia are primarily governed by the Misuse of Drugs Act 2017. Drug related offences are the second most commonly prosecuted charge in Western Australia and alongside New South Wales, Western Australia has the nation’s harshest laws with respect to drug related offences. In Western Australia the law on drug offences is divided into the following categories:

  1. Possession or use of a prohibited substance or drug paraphernalia;
  2. Possession of prohibited drugs with an intent to sell or supply;
  3. Manufacturing controlled substances and cultivating controlled plants; and
  4. Trafficking of controlled substances.

The difference between these categories will determine the approach taken and can drastically affect the final outcome. The penalties for drug offences in Western Australia depend on these categories and factors such as the type and quantity of the drug and the accused’s prior criminal history. Penalties can vary from a small fine and a spent conviction to life imprisonment.

If you are facing a drug related offence and need advice on how to proceed, contact D.G. Price & Co. 

Drug Diversion Programs and Drug Court

There are a range of Drug Diversion Programs in WA offered by both police and the Courts. These programs are available to those dealing with a substance abuse issue who wish to seek help addressing their addiction. By undertaking a Drug Diversion Program you are able to address any drug related problems faced prior to sentencing. When you actively undertake one of these programs you show the Court that you are taking positive steps to reduce the likelihood of reoffending and this can have a positive effect on your final sentence including obtaining a suspended jail term or reduced jail term.

In order to qualify for a Drug Diversion Program through the Courts the applicant must:

  1. Admit they have a substance abuse problem;
  2. Enter a plea of guilty to all charges faced;
  3. Be willing to undergo appropriate treatment; and
  4. Be willing to be supervised by the Drug Court and Court Assessment and Treatment Service.

For more information on how D.G. Price & Co. can help you apply for a Drug Diversion program contact us here.