Drug Trafficking Charges WA

Being charged with a drug trafficking offence in Western Australia could result in serious criminal penalties, including a lengthy prison sentence.

The following paragraphs explore the meaning of drug trafficking, the elements of relevant offences, possible penalties, and the importance of seeking expert legal representation if you are charged with a drug trafficking offence.

What Constitutes Drug Trafficking in WA?

A drug trafficking offence involves a declaration that is made by the court that the offender be declared a drug trafficker. A declaration that a person is a drug trafficker triggers the automatic forfeiture of all their property to the state under the Criminal Property Confiscation Act 2000 (WA).

A drug trafficking declaration can be made by the court when an offender has committed:

• Three or more serious drug offences within a 10-year period irrespective of the quantity of the relevant prohibited drugs or the number of relevant prohibited plants as the case may be.
• One serious drug offence at any time if the quantity of the prohibited drug exceeds the quantity specified in the schedule of the Misuse of Drugs Act in relation to that drug. In the case of methamphetamine, cocaine and MDMA the specified quantity is 28 grams or more. In the case of cannabis, the specified quantity is 3 kilograms.

Drug trafficking encompasses a range of offences under the Misuse of Drugs Act 1981 WA (the MDA), including the following:

• Possession of a prohibited drug with intent to sell or supply under section 6(1)(a) of the Act.
• Manufacturing or preparing a prohibited drug under section 6(1)(b) of the Act.
• Selling or supplying, or offering to sell or supply, a prohibited drug under section 6(1)(c) of the Act.
• Possessing or cultivating a prohibited plant with intent to sell or supply under section 7(1)(a) of Act.
• Selling or supplying, or offering to sell or supply, a prohibited plant under section 7(1)(b) of the Act.

Penalties for Drug Trafficking in WA

Where someone is convicted of a drug trafficking offence involving methylamphetamine the maximum penalty is life imprisonment.

For cannabis, the maximum penalty is a fine up to $20,000 and/or 10 years imprisonment if prosecuted in the District Court.

For all other prohibited drugs involving a trafficking declaration including cocaine, heroin and MDMA, the maximum penalty is a fine of $100,000 and/or 25 years imprisonment if prosecuted in the higher courts.

When someone is convicted of a drug trafficking offence the relevant quantity of the drug is the total amount of the prohibited drug in the person’s possession. It is immaterial that the offender might assert, or the court might find, that some of the drug was for the offender’s own personal use. 

However, the type, quantity and purity of the drug are all relevant to the sentencing penalty. In this context, an offender convicted of possession of a prohibited drug with intent to sell or supply may assert that some portion of the drug was for personal use. This may be relevant to the sentence if it can be proved by the offender beyond the balance of probabilities.

Which Court Will Hear Your Case?

Generally, most drug trafficking offences are heard in the District Court of Western Australia. However, complex cases or large-scale drug trafficking may be heard in the Supreme Court of Western Australia.

Potential Defences to Drug Trafficking Charges

Several defences can be raised against drug trafficking charges, including:

1. The drugs or plants in the accused’s possession were for personal use, and the accused can provide evidence to rebut the presumption of intent to sell or supply.
2. The accused lacked the requisite knowledge of the existence of the drug and was unaware they were in possession of prohibited drugs, such as being handed a bag containing drugs without knowing that the bag contained drugs.
3. The drug in the accused’s possession was not a prohibited drug.
4. A formal defence is established such as necessity or duress, which means that you should not be found legally responsible for the conduct.

An experienced lawyer can also challenge the prosecution's case by highlighting gaps in evidence, questioning the reliability of evidence, or demonstrating procedural errors.

The Legal Process for Drug Trafficking Cases in WA

The legal process for drug trafficking charges generally include the following stages:

1. Investigation and charge

When police suspect involvement in a drug offence, they conduct investigations that may include gathering physical evidence, such as testing substances to confirm they are prohibited drugs, and interviewing suspects or witnesses to build a case. If sufficient evidence is found, charges are laid, and the matter is referred to the court.

2. Plea

All criminal cases begin in the Magistrates Court of Western Australia, where charges are formally read, and the accused can enter a plea of guilty or not guilty. Often, an adjournment is granted to allow the accused to seek legal advice, which is crucial for understanding the charges and possible outcomes. For indictable offences, early guilty pleas are fast-tracked to the District or Supreme Court, where the accused can benefit from sentencing discounts of up to 25%.

3. Trial

If the accused pleads not guilty, indictable charges undergo committal proceedings. During this phase, the prosecution must disclose all evidence to the defence, including witness statements, forensic reports, certificates of analysis, telephone intercepts and CCTV footage. Negotiations between the defence and prosecution may lead to reduced charges or a discontinuance of the charges if the evidence is insufficient or the public interest is not served by proceeding. Trials for indictable offences involve a Trial Listing Hearing to estimate the trial's duration and address pre-trial issues before proceeding to a jury trial. A trial involves both sides presenting their case before a judge-alone or jury including calling of witnesses and admitting of physical evidence. At the end of a trial, a verdict will be made determining if the accused is guilty or not guilty.

4. Sentencing

If found guilty, the court will determine an appropriate penalty in a sentencing hearing. Sentences for drug offences consider factors such as the drug type, quantity, and the accused's personal circumstances. Aggravating factors, such as large quantities of drugs or prior convictions, can lead to more severe penalties, while mitigating factors, like participation in diversion programs, may reduce the sentence.

Legal representation is crucial throughout this process to ensure fair treatment and explore opportunities for reduced charges or penalties.

Why Choose Andrew Williams as Your Defence Lawyer?

Andrew Williams is an experienced Criminal Lawyer and Barrister who can provide you with expert legal advice in relation to drug offences in Western Australia.

Andrew offers a range of criminal law services and traffic law services in Perth, Fremantle and throughout Western Australia. He has the experience to guide you through your legal matter whilst working towards achieving the best outcome for your case.

Call Now: (08) 9278 2575

FAQs About Drug Trafficking Charges in WA