Drugs charges can include possession, sell, supply, trafficking, and cultivating prohibited drugs. The seriousness of the charge will depend on the type and quantity of the drug. The greater the weight of the prohibited drug the more serious the offence becomes.
Andrew Williams is a senior criminal law practitioner who has been involved in many matters involving serious drug charges in Western Australia. He goes out of his way to address all legal issues and, if appropriate and necessary challenge all evidence, including covert operatives, informants, and telephone intercepts.
Andrew Williams commitment and determination as a criminal lawyer combined with his passion for justice aims to instill confidence and assurance that his clients receive the representation that they deserve in matters involving drug possession, distribution, trafficking, or manufacturing charges listed in the Misuse of Drugs Act. This may include, prohibited drugs such as Methylamphetamines, cocaine, MDMA, heroin, cannabis, synthetic cannabis, LSD, and ALPHA PVP. Andrew Williams routinely negotiates charges with the police and the DPP and strives to present strong and compelling arguments in court for his clients.
Andrew Williams is passionate about safeguarding his clients’ reputations, liberty & freedom.
If you are facing serious drug charges, seek professional advice and representation from criminal defence lawyer Andrew Williams, situated in the heart of Perth. He routinely acts and specialises as a drug charge defence lawyer, and ensures his clients receive sound, knowledgeable and sensible and easy to understand advice.
What The Prosecution Is Required To Prove For A Drug Charge
For a possession of a prohibited drug charge to be proven there are essentially three elements the prosecution must prove. The prosecution is required to prove beyond reasonable doubt the following:
- That the accused had the requisite knowledge of the existence of the drug; and
- the accused held dominion and control over the drug; and
- that the drug in question was illegal to possess
Criminal lawyers are often faced with cases where the prohibited drugs were located by the police in the home or vehicle of the accused. However, this will not necessarily mean that this person is in possession of the drugs. Even if an accused person was aware of the existence of drugs somewhere in their home, it does not necessarily follow that he/she held dominion and control over the drug, because the drugs may, at the time, be under the dominion and control of another.
Charges of Possession with intent to Sell and Supply
When a person is charged with possession of a quantity of prohibited drugs that exceeds a weight specified under the Misuse of Drugs Act, the weight of the drugs can give rise to a legal presumption of an intent to sell or supply the drugs.
Generally the onus of proof is on the prosecution to satisfy the court beyond reasonable doubt all elements of a drug possession charge. However in cases where the prosecution are able to prove the element of possession and the quantity of the drug under the Misuse of Drugs Act gives rise to a presumption of an intent to sell supply, the onus will shift to the accused to prove that the drugs were not intended for selling or supplying or to another.
Other drug charges commonly prosecuted in Western Australia include cultivating or growing prohibited drugs such as cannabis. For a charge involving the cultivation of cannabis, the law in the Misuse of Drugs Act also applies a legal presumption of an intent to sell or supply in situations where the quantity of the plants exceeds a certain number.
Which court will my matter be determined in?
The Misuse of Drugs Act specifies the court of jurisdiction where a drug charge is to be determined. Generally, minor drug charges involving smaller quantities are determined in the Magistrates Court. However, cases involving larger commercial quantities of prohibited drugs are dealt with on indictment in the District or Supreme Court.
Legal advice from a drug charge defence lawyer in Perth that you can trust
Andrew Williams takes a strong personal interest in his client’s individual situation and needs. Drug related charges are serious and require the services of a knowledgeable and competent criminal defence lawyer. Without the right guidance it can add stress to a very delicate and fragile situation.
It’s important to have a lawyer who can advise you in an honest, direct manner, conduct a thorough investigation of the evidence relating to the charges, and look at every possible avenue for a defence or a sympathetic understanding of your case. At the Law Office of Andrew Williams you will be sure to receive professional advice in a confidential environment and you will be treated with the utmost courtesy and respect.
The criminal defence lawyers at The Law Offices of Andrew Williams aim to instill confidence and assurance about having the right representation. Contact us on 08 9278 2575 for advice and representation in Perth, Fremantle, all courts throughout the metropolitan area, and all regional areas throughout Western Australia.