Methamphetamine (Ice) Offences in Western Australia

Crystal methamphetamine, also known as "meth" or "ice," continues to be a popular recreational drug in Australia, particularly among a limited yet enduring user base.

Below is an outline of the offences and penalties involving methamphetamine in Western Australia, as well as possible defence strategies.

If you are facing drug charges in Perth, you should seriously consider engaging a criminal defence lawyer - here's why.

What is crystal methamphetamine?

Methamphetamine is a powerful stimulant, accelerating the transmission of messages between the brain and body.

Intended effects of using meth include heightened energy and focus, along with sensations of euphoria and heightened libido, whilst unintended effects can include dependence and aggression

Methamphetamine is available in either a powdered "base" form, a crystallised "ice" form or in a paste. The majority of methamphetamine sold in Australia is in the crystallised "ice" form which is typically consumed through smoking.

The most recent national data indicates that just under 7.5% of Australians have tried methamphetamine at some point in their lives, with 1% having used it within the last year.

Methamphetamine is a ‘prohibited drug’ in Western Australia under the Misuse of Drugs Act 1981 (WA) and carries higher penalties than other drug offences. Methamphetamine is also a ‘border controlled drug’ under the Federal Criminal Code.

The offence of manufacturing meth

It is an offence to manufacture methamphetamine under section 6(1(b) of the Misuse of Drugs Act 1981 (WA).

The maximum penalty for this offence depends on the quantity of methamphetamine manufactured or prepared.

For a trafficable quantity of methamphetamine, the offence carries a maximum penalty of imprisonment for life. For less than a trafficable quantity, the maximum penalty is a fine of $100,000 or imprisonment for 25 years or both.

A trafficable quantity of methamphetamine in WA is 28 grams.

The offence of supplying or selling meth

A number of offences relating to the supply or selling of methamphetamine are outlined under the Misuse of Drugs Act 1981 (WA).

Under section 6(1)(c) of the Act it is an offence to sell or supply, or offer to sell or supply, methamphetamine to another person. Further, under section 6(1)(a) it is an offence to possess methamphetamine with an intent to sell or supply it to another.

If a person is found in possession of over 2 grams of methamphetamine there will be a legal presumption that they intended to sell or supply methamphetamine unless they can prove to the court otherwise.

For both supply offences, the maximum penalty is:

• Imprisonment for life if a trafficable quantity of methamphetamine is involved;
• In any other case, a fine of $100,000 or imprisonment for 25 years or both.

The offence of possessing meth

A simple offence exists under section 6(2) of the Misuse of Drugs Act 1981 (WA) for the possession of methamphetamine.

The term ‘possession’ has been defined by the courts as in your ‘exclusive possession, custody or control’. ’Exclusive possession’  requires the prosecution to exclude any reasonable possibility the drugs were not possessed by you.

The maximum penalty for methamphetamine possession is a fine of $2000 or imprisonment for 2 years or both.

The offence of importing meth under our commonwealth legislation

Importing methamphetamine, a 'border controlled drug,' could constitute a number of offences under the Commonwealth Criminal Code including sections 307.1 (for a commercial quantity), 307.2 (for a marketable quantity), and 307.3 (for any quantity).

To establish guilt in an importation case, the prosecution must demonstrate beyond reasonable doubt that:

• A person brought methamphetamine into the country.
• The person was aware that they were importing a border-controlled drug, or they were indifferent as to whether they were importing it or not.

The term 'import' encompasses both physically bringing the substance into Australia and engaging with the drug in relation to its importation.

If the prosecution aims to charge someone with importing a marketable or commercial quantity of methamphetamine, they must prove the existence of that specific quantity. A marketable quantity is defined as more than 2 grams of methamphetamine, while a commercial quantity is 0.75 kilograms.

The maximum penalties for importation offences are as follows:

• 10 years of imprisonment for importing less than a marketable quantity of methamphetamine under section 307.3 of the Code.
• 25 years of imprisonment for importing more than a marketable quantity but less than a commercial quantity of methamphetamine under section 307.2 of the Code.
• Life imprisonment for importing a commercial quantity or more of methamphetamine under section 307.1 of the Code.

Typical defences to a methamphetamine charge

Defences that are raised against methamphetamine charges commonly include challenging the prosecution case that all elements of the offence have been established beyond reasonable doubt, or raising a formal legal defence.

Depending on the charge, defences commonly argued before the courts in WA include that:

• The accused did not manufacture, sell, possess or import methamphetamine.
• The accused was an ‘innocent agent’ and had no knowledge of their participation in a methamphetamine related offence.
• A formal legal defence applies including that the offending occurred as a result of duress or necessity.

If convicted of a methamphetamine offence, an experienced defence lawyer will make submissions to the court which go towards mitigation and aim to reduce the severity of the sentence which would otherwise be imposed by the court.

Need Legal Advice?

Andrew Williams is an experienced Criminal Lawyer and Barrister who can provide you with expert legal advice in relation 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

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.