in Perth, available now...
If you are caught with an amount of dexamphetamines large or small, you can face some very serious consequences including prison time. With drugs offences you do not automatically receive the maximum penalty and there are a number of factors that are taken into account that your drugs lawyer can help you with.
As soon as you can, you should seek professional legal advice from a criminal lawyer that has experience in drugs cases. Your lawyer can ensure you obtain the best possible outcome and defend your legal rights through the proceedings. Even where you have no reasonable defence, your solicitor can reduce any possible penalties through a process of mitigation.
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Learn more about dexamphetamines charges in WA.
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FreePhone case assessment
First we will need to understand your situation and any drugs charges that may have been laid against you. Telephone calls must be carefully managed when relating to drugs charges as often the Police may be listening. Get the process started now by making a quick enquiry.
Book appointment with our drugs lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Possession of dexamphetamines
Possession Of Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 6 (2)
“A person who has in his or her possession or uses a prohibited drug commits a simple offence, except when he or she is authorised under the Misuse of Drugs Act 1981 (WA), the Poisons Act 1964 (WA) or the Industrial Hemp Act 2004 (WA) and does so in accordance with that authority OR Where the prohibited drug was sold or supplied, or requested to be sold or supplied by a medical practitioner, nurse practitioner or veterinary surgeon in the lawful practice of his profession or in accordance with an authorised prescription.”
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Intent to sell or supply dexamphetamines
Intent To Sell Or Supply Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 6 (1)
“A person who –
(a) with intent to sell or supply it to another, has in his or her possession; or
(b) manufactures or prepares; or
(c) sells or supplies, or offers to sell or supply, to another,
a prohibited drug commits a crime, except when he or she is authorised by this Act or by the Poisons Act 1964 (WA) to do so and does so in accordance with that authority."
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Manufacturing dexamphetamines
Manufacturing Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 6 (1) (b)
“A person who manufactures or prepares a prohibited drug commits a crime, except when he or she is authorised by this Act or by the Poisons Act 1964 (WA) to do so and does so in accordance with that authority.”
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Trafficking dexamphetamines
Trafficking Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 32A (1)
“If a person is convicted of –
(a) a serious drug offence and has, during the period of 10 years been convicted of a two or more serious drug offences;
(b) been convicted of a serious drug offence in relation to a prescribed quantity as specified in Schedule VII or VIII of the Act;
(c) a relevant drug offence and, at the time of the commission of the offence, was a member of a declared criminal organisation;
the court convicting the person of the serious drug offence shall on the application of the Director of Public Prosecutions or a police prosecutor declare the person to be a drug trafficker.”
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Possession of dexamphetamines
If we can prove one of these defences together...
No Actual Possession
It is a defence if you did not have actual possession of the drug.
Unknown Existence
It may be a defence that you did not know of the existence of the drug, or that you did not know that it was in your possession.
Valid Prescription
It is not an offence to be in possession or to use a prohibited drug if it was sold or supplied, or requested to be sold or supplied by a medical practitioner, nurse practitioner or veterinary surgeon in the lawful practice of his profession.
Duress
In some limited circumstances, the defence of duress may be available. This defence is available where a threat of serious violence was made to yourself or a family member, and serious injury or death would have resulted had you not committed the criminal act.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Intent to sell or supply dexamphetamines
If we can prove one of these defences together...
Lawful Authority
It is a defence to have possession or supply the drug in accordance with lawful authority.
Prescribed By Lawful Authority
It is a defence to be in possession of a prohibited drug if the drug is prescribed to you by a lawful authority.
No Actual Possession
It is a defence if you did not have actual possession of the drug.
Unknown Existence
It may be a defence that you did not know of the existence of the drug, or that you did not know that it was in your possession.
Personal Use
It is a defence to the presumption of intent to sell or supply if you can prove that the drug was for your own personal use.
Duress
In some limited circumstances, the defence of duress may be available. This defence is available where a threat of serious violence was made to yourself or a family member, and serious injury or death would have resulted had you not committed the criminal act.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Manufacturing dexamphetamines
If we can prove one of these defences together...
Lawful Authority
It is a defence to manufacture a drug in accordance with lawful authority.
No Engagement Or Knowledge
It is a defence if you did not actually engage or have knowledge of the manufacture of the drug.
Unknown Existance
It may be a defence that you did not know of the existence of the drug, or that you did not know that it was in your possession.
Duress
In some limited circumstances, the defence of duress may be available. This defence is available where a threat of serious violence was made to yourself or a family member, and serious injury or death would have resulted had you not committed the criminal act.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Trafficking dexamphetamines
If we can prove one of these defences together...
No Possession
You did not have the specified amount in your possession.
No Criminal Affiliation
You may be able to disprove that you are a member of a criminal organisation.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Possession of dexamphetamines
What’s taken into account if you’re found guilty...
Prison sentence
In accordance with the Misuse of Drugs Act 1981 (WA) (Section 34(1)(e)) – the maximum penalty for possession of a prohibited drug is a maximum of 2 years imprisonment
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
Conditional suspended imprisonment
You may be handed a conditional suspended imprisonment order if found guilty of possession of dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
The standard conditions and primary requirements include:
Suspended term of imprisonment
The court may impose a suspended sentence if found guilty of possession of dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
Intensive supervision order
An Intensive Supervision Order (ISO) is similar to a community based order but is subject to more stringent conditions. A conviction is recorded against each person placed under an ISO.
For each ISO, a supervision condition is mandatory. There are three other primary requirements, which a court may impose in any combination it wishes. They are:
Whenever an ISO is imposed, an offender must report to a community corrections officer within 72 hours of the sentence being handed down; notify any change of address or employment; not leave the State without permission; and comply with all other conditions of the order.
Offenders who fail to abide by the conditions or who commit an offence, will be returned to court to be dealt with. If the order is successfully completed with no breaches, the offender will have a record, but will not have served time in prison.
Community based order
A community-based order gives offenders the opportunity to put a stop to criminal behaviour. It provides the courts with options for managing offenders in the community. Not all offences are so serious that custodial sentences are the best way to protect the community.
Community based orders provides offenders with an opportunity to undergo treatment or take part in educational, vocational or personal development programs.
In some cases, a community-based order may involve a requirement to perform a community service - and that means offenders have the opportunity to help the community as well as helping themselves. Management of the Order is the responsibility of Department staff.
The court also has the power to make a "spent conviction" order in conjunction with the community-based order. This means that once the period of the order is successfully completed, the offender is not required to reveal the details of the conviction, except in exceptional circumstances.
A community-based order means offenders can stay with their families and friends, continue in their current jobs, or continue to look for work. It means that their lives can continue as normally as possible, while meeting the terms of the order.
There are three basic requirements of a community-based order, and the court will include at least one of them. However, the court also has the power to impose two or even three of the requirements where the judge or magistrate sees fit.
If a community-based order is breached or another offence is committed during the term of the order, the community corrections officer will prepare a "breach report" and the case will come before the court again. Offenders may be re-sentenced on the original offences and may not receive the benefit of a community based option again. Any other offences will also be dealt with and may attract an additional sentence.
When the term of the order has finished with no breaches, the sentence is complete. If the court has determined that a "spent conviction" order is appropriate, no conviction will be recorded against the offender's name when the sentence is successfully completed. Otherwise, the offender will have a criminal record.
Conditional release order
You may be sentenced to a conditional release order if found guilty of possession of dexamphetamines.
A conditional release order allows an offender to go about their daily lives under certain conditions.
Offenders can be released with or without a surety, on conditions the court decides are needed to ensure the good behaviour of the offender. A surety is someone who pledges or deposits money with the court as a sort of guarantee that the offender will not reoffend.
If the offender does end up back before the court, the money is not returned, but forfeited to the court.
When making a conditional release order, the court may also issue a spent conviction order. If an offender does not reoffend under a conditional release order, their spent conviction order allows them to no have to disclose the conviction (except in special circumstances).
A conditional release order may include any condition or demand considered necessary to secure the good behaviour of the offender — other than supervision by a Community Corrections Officer.
An offender might be asked to return to court at any time during a conditional release order, to confirm they are meeting the conditions of the order.
If an offender does breach the order by not abiding by the conditions or by reoffending, they can be fined or dealt with again. If they are dealt with again, the court will consider the degree to which they have complied with the order. An offender who has breached a conditional release order may also lose the opportunity of a spent conviction order.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of possession of dexamphetamines.
The maximum fine for possession of dexamphetamines is: $2,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Intent to sell or supply dexamphetamines
What’s taken into account if you’re found guilty...
Prison Sentence
The maximum penalty that can be imposed by a Sentencing Judge for Possession of a Prohibited Drug with Intent to Sell or Supply is 25 years imprisonment or $100,000 or both.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
In light of a firming up of drug laws, the usual penalty currently being imposed with respect to these offences are immediate terms of imprisonment.
In exceptional circumstances the Court may decide to impose a sentence other than Immediate Imprisonment such as a Suspended Term or Conditionally Suspended Term of Imprisonment.
Conditional suspended imprisonment
You may be handed a conditional suspended imprisonment order if found guilty of intent to sell or supply dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
The standard conditions and primary requirements include:
Suspended term of imprisonment
The court may impose a suspended sentence if found guilty of intent to sell or supply dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
Intensive supervision order
An Intensive Supervision Order (ISO) is similar to a community based order but is subject to more stringent conditions. A conviction is recorded against each person placed under an ISO.
For each ISO, a supervision condition is mandatory. There are three other primary requirements, which a court may impose in any combination it wishes. They are:
Whenever an ISO is imposed, an offender must report to a community corrections officer within 72 hours of the sentence being handed down; notify any change of address or employment; not leave the State without permission; and comply with all other conditions of the order.
Offenders who fail to abide by the conditions or who commit an offence, will be returned to court to be dealt with. If the order is successfully completed with no breaches, the offender will have a record, but will not have served time in prison.
Community based order
A community-based order gives offenders the opportunity to put a stop to criminal behaviour. It provides the courts with options for managing offenders in the community. Not all offences are so serious that custodial sentences are the best way to protect the community.
Community based orders provides offenders with an opportunity to undergo treatment or take part in educational, vocational or personal development programs.
In some cases, a community-based order may involve a requirement to perform a community service - and that means offenders have the opportunity to help the community as well as helping themselves. Management of the Order is the responsibility of Department staff.
The court also has the power to make a "spent conviction" order in conjunction with the community-based order. This means that once the period of the order is successfully completed, the offender is not required to reveal the details of the conviction, except in exceptional circumstances.
A community-based order means offenders can stay with their families and friends, continue in their current jobs, or continue to look for work. It means that their lives can continue as normally as possible, while meeting the terms of the order.
There are three basic requirements of a community-based order, and the court will include at least one of them. However, the court also has the power to impose two or even three of the requirements where the judge or magistrate sees fit.
If a community-based order is breached or another offence is committed during the term of the order, the community corrections officer will prepare a "breach report" and the case will come before the court again. Offenders may be re-sentenced on the original offences and may not receive the benefit of a community based option again. Any other offences will also be dealt with and may attract an additional sentence.
When the term of the order has finished with no breaches, the sentence is complete. If the court has determined that a "spent conviction" order is appropriate, no conviction will be recorded against the offender's name when the sentence is successfully completed. Otherwise, the offender will have a criminal record.
Conditional release order
You may be sentenced to a conditional release order if found guilty of intent to sell or supply dexamphetamines.
A conditional release order allows an offender to go about their daily lives under certain conditions.
Offenders can be released with or without a surety, on conditions the court decides are needed to ensure the good behaviour of the offender. A surety is someone who pledges or deposits money with the court as a sort of guarantee that the offender will not reoffend.
If the offender does end up back before the court, the money is not returned, but forfeited to the court.
When making a conditional release order, the court may also issue a spent conviction order. If an offender does not reoffend under a conditional release order, their spent conviction order allows them to no have to disclose the conviction (except in special circumstances).
A conditional release order may include any condition or demand considered necessary to secure the good behaviour of the offender — other than supervision by a Community Corrections Officer.
An offender might be asked to return to court at any time during a conditional release order, to confirm they are meeting the conditions of the order.
If an offender does breach the order by not abiding by the conditions or by reoffending, they can be fined or dealt with again. If they are dealt with again, the court will consider the degree to which they have complied with the order. An offender who has breached a conditional release order may also lose the opportunity of a spent conviction order.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of possession of dexamphetamines.
The maximum fine that can be imposed by a Sentencing Judge for Possession of a Prohibited Drug with Intent to Sell or Supply is: $100,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Manufacturing dexamphetamines
What’s taken into account if you’re found guilty...
Prison Sentence
The maximum penalty that can be imposed by a Sentencing Judge for Manufacture of a Prohibited Drug (Dexamphetamines) is 25 years imprisonment or $100,000 or both.
In some cases, when the amount of the drug is significantly high, the Misuse of Drugs Act 1981 (WA) provides that upon the application of the Prosecution (upon the entering of a conviction), that the person is to be declared a drug trafficker.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
In light of a firming up of drug laws, the usual penalty currently being imposed with respect to these offences are immediate terms of imprisonment.
In exceptional circumstances the Court may decide to impose a sentence other than Immediate Imprisonment such as a Suspended Term or Conditionally Suspended Term of Imprisonment.
Conditional suspended imprisonment
You may be handed a conditional suspended imprisonment order if found guilty of intent to sell or supply dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
The standard conditions and primary requirements include:
Suspended term of imprisonment
The court may impose a suspended sentence if found guilty of manufacture of a Prohibited Drug (Dexamphetamines).
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
Intensive supervision order
An Intensive Supervision Order (ISO) is similar to a community based order but is subject to more stringent conditions. A conviction is recorded against each person placed under an ISO.
For each ISO, a supervision condition is mandatory. There are three other primary requirements, which a court may impose in any combination it wishes. They are:
Whenever an ISO is imposed, an offender must report to a community corrections officer within 72 hours of the sentence being handed down; notify any change of address or employment; not leave the State without permission; and comply with all other conditions of the order.
Offenders who fail to abide by the conditions or who commit an offence, will be returned to court to be dealt with. If the order is successfully completed with no breaches, the offender will have a record, but will not have served time in prison.
Community based order
A community-based order gives offenders the opportunity to put a stop to criminal behaviour. It provides the courts with options for managing offenders in the community. Not all offences are so serious that custodial sentences are the best way to protect the community.
Community based orders provides offenders with an opportunity to undergo treatment or take part in educational, vocational or personal development programs.
In some cases, a community-based order may involve a requirement to perform a community service - and that means offenders have the opportunity to help the community as well as helping themselves. Management of the Order is the responsibility of Department staff.
The court also has the power to make a "spent conviction" order in conjunction with the community-based order. This means that once the period of the order is successfully completed, the offender is not required to reveal the details of the conviction, except in exceptional circumstances.
A community-based order means offenders can stay with their families and friends, continue in their current jobs, or continue to look for work. It means that their lives can continue as normally as possible, while meeting the terms of the order.
There are three basic requirements of a community-based order, and the court will include at least one of them. However, the court also has the power to impose two or even three of the requirements where the judge or magistrate sees fit.
If a community-based order is breached or another offence is committed during the term of the order, the community corrections officer will prepare a "breach report" and the case will come before the court again. Offenders may be re-sentenced on the original offences and may not receive the benefit of a community based option again. Any other offences will also be dealt with and may attract an additional sentence.
When the term of the order has finished with no breaches, the sentence is complete. If the court has determined that a "spent conviction" order is appropriate, no conviction will be recorded against the offender's name when the sentence is successfully completed. Otherwise, the offender will have a criminal record.
Conditional release order
You may be sentenced to a conditional release order if found guilty of Manufacture of a Prohibited Drug (Dexamphetamines).
A conditional release order allows an offender to go about their daily lives under certain conditions.
Offenders can be released with or without a surety, on conditions the court decides are needed to ensure the good behaviour of the offender. A surety is someone who pledges or deposits money with the court as a sort of guarantee that the offender will not reoffend.
If the offender does end up back before the court, the money is not returned, but forfeited to the court.
When making a conditional release order, the court may also issue a spent conviction order. If an offender does not reoffend under a conditional release order, their spent conviction order allows them to no have to disclose the conviction (except in special circumstances).
A conditional release order may include any condition or demand considered necessary to secure the good behaviour of the offender — other than supervision by a Community Corrections Officer.
An offender might be asked to return to court at any time during a conditional release order, to confirm they are meeting the conditions of the order.
If an offender does breach the order by not abiding by the conditions or by reoffending, they can be fined or dealt with again. If they are dealt with again, the court will consider the degree to which they have complied with the order. An offender who has breached a conditional release order may also lose the opportunity of a spent conviction order.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of possession of dexamphetamines.
The maximum fine that can be imposed by a Sentencing Judge for Manufacture of a Prohibited Drug (Dexamphetamines) is: $100,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Trafficking dexamphetamines
Important Information
A declaration that a person is a drug trafficker can have big implications on the ownership of property and travel restrictions. This declaration will be made in addition to other possible penalties.
Prison Sentence & Fine
The maximum penalty that can be imposed by a Sentencing Judge for Possession of a Prohibited Drug or Plant with Intent to Sell or Supply is 25 years imprisonment or $100,000 or both.
In light of a firming up of drug laws, the usual penalty currently being imposed with respect to these offences are immediate terms of imprisonment.
Drug trafficking declarations are orders made at Sentencing by a Judge. They are in addition to any penalty imposed upon you.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Our Process
FreePhone case assessment
First we will need to understand your situation and any drugs charges that may have been laid against you. Telephone calls must be carefully managed when relating to drugs charges as often the Police may be listening. Get the process started now by making a quick enquiry.
Book appointment with our drugs lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
The Law
Possession of dexamphetamines
Possession Of Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 6 (2)
“A person who has in his or her possession or uses a prohibited drug commits a simple offence, except when he or she is authorised under the Misuse of Drugs Act 1981 (WA), the Poisons Act 1964 (WA) or the Industrial Hemp Act 2004 (WA) and does so in accordance with that authority OR Where the prohibited drug was sold or supplied, or requested to be sold or supplied by a medical practitioner, nurse practitioner or veterinary surgeon in the lawful practice of his profession or in accordance with an authorised prescription.”
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Intent to sell or supply dexamphetamines
Intent To Sell Or Supply Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 6 (1)
“A person who –
(a) with intent to sell or supply it to another, has in his or her possession; or
(b) manufactures or prepares; or
(c) sells or supplies, or offers to sell or supply, to another,
a prohibited drug commits a crime, except when he or she is authorised by this Act or by the Poisons Act 1964 (WA) to do so and does so in accordance with that authority."
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Manufacturing dexamphetamines
Manufacturing Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 6 (1) (b)
“A person who manufactures or prepares a prohibited drug commits a crime, except when he or she is authorised by this Act or by the Poisons Act 1964 (WA) to do so and does so in accordance with that authority.”
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Trafficking dexamphetamines
Trafficking Dexamphetamines
Misuse of Drugs Act 1981 (WA)
Section 32A (1)
“If a person is convicted of –
(a) a serious drug offence and has, during the period of 10 years been convicted of a two or more serious drug offences;
(b) been convicted of a serious drug offence in relation to a prescribed quantity as specified in Schedule VII or VIII of the Act;
(c) a relevant drug offence and, at the time of the commission of the offence, was a member of a declared criminal organisation;
the court convicting the person of the serious drug offence shall on the application of the Director of Public Prosecutions or a police prosecutor declare the person to be a drug trafficker.”
Elements of the offence
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
How they might prove this
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Lawyers with substantial drugs case experience
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result
Possible Defences
Possession of dexamphetamines
If we can prove one of these defences together...
No Actual Possession
It is a defence if you did not have actual possession of the drug.
Unknown Existence
It may be a defence that you did not know of the existence of the drug, or that you did not know that it was in your possession.
Valid Prescription
It is not an offence to be in possession or to use a prohibited drug if it was sold or supplied, or requested to be sold or supplied by a medical practitioner, nurse practitioner or veterinary surgeon in the lawful practice of his profession.
Duress
In some limited circumstances, the defence of duress may be available. This defence is available where a threat of serious violence was made to yourself or a family member, and serious injury or death would have resulted had you not committed the criminal act.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Intent to sell or supply dexamphetamines
If we can prove one of these defences together...
Lawful Authority
It is a defence to have possession or supply the drug in accordance with lawful authority.
Prescribed By Lawful Authority
It is a defence to be in possession of a prohibited drug if the drug is prescribed to you by a lawful authority.
No Actual Possession
It is a defence if you did not have actual possession of the drug.
Unknown Existence
It may be a defence that you did not know of the existence of the drug, or that you did not know that it was in your possession.
Personal Use
It is a defence to the presumption of intent to sell or supply if you can prove that the drug was for your own personal use.
Duress
In some limited circumstances, the defence of duress may be available. This defence is available where a threat of serious violence was made to yourself or a family member, and serious injury or death would have resulted had you not committed the criminal act.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Manufacturing dexamphetamines
If we can prove one of these defences together...
Lawful Authority
It is a defence to manufacture a drug in accordance with lawful authority.
No Engagement Or Knowledge
It is a defence if you did not actually engage or have knowledge of the manufacture of the drug.
Unknown Existance
It may be a defence that you did not know of the existence of the drug, or that you did not know that it was in your possession.
Duress
In some limited circumstances, the defence of duress may be available. This defence is available where a threat of serious violence was made to yourself or a family member, and serious injury or death would have resulted had you not committed the criminal act.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Trafficking dexamphetamines
If we can prove one of these defences together...
No Possession
You did not have the specified amount in your possession.
No Criminal Affiliation
You may be able to disprove that you are a member of a criminal organisation.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Possible Outcomes
Possession of dexamphetamines
What’s taken into account if you’re found guilty...
Prison sentence
In accordance with the Misuse of Drugs Act 1981 (WA) (Section 34(1)(e)) – the maximum penalty for possession of a prohibited drug is a maximum of 2 years imprisonment
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
Conditional suspended imprisonment
You may be handed a conditional suspended imprisonment order if found guilty of possession of dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
The standard conditions and primary requirements include:
Suspended term of imprisonment
The court may impose a suspended sentence if found guilty of possession of dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
Intensive supervision order
An Intensive Supervision Order (ISO) is similar to a community based order but is subject to more stringent conditions. A conviction is recorded against each person placed under an ISO.
For each ISO, a supervision condition is mandatory. There are three other primary requirements, which a court may impose in any combination it wishes. They are:
Whenever an ISO is imposed, an offender must report to a community corrections officer within 72 hours of the sentence being handed down; notify any change of address or employment; not leave the State without permission; and comply with all other conditions of the order.
Offenders who fail to abide by the conditions or who commit an offence, will be returned to court to be dealt with. If the order is successfully completed with no breaches, the offender will have a record, but will not have served time in prison.
Community based order
A community-based order gives offenders the opportunity to put a stop to criminal behaviour. It provides the courts with options for managing offenders in the community. Not all offences are so serious that custodial sentences are the best way to protect the community.
Community based orders provides offenders with an opportunity to undergo treatment or take part in educational, vocational or personal development programs.
In some cases, a community-based order may involve a requirement to perform a community service - and that means offenders have the opportunity to help the community as well as helping themselves. Management of the Order is the responsibility of Department staff.
The court also has the power to make a "spent conviction" order in conjunction with the community-based order. This means that once the period of the order is successfully completed, the offender is not required to reveal the details of the conviction, except in exceptional circumstances.
A community-based order means offenders can stay with their families and friends, continue in their current jobs, or continue to look for work. It means that their lives can continue as normally as possible, while meeting the terms of the order.
There are three basic requirements of a community-based order, and the court will include at least one of them. However, the court also has the power to impose two or even three of the requirements where the judge or magistrate sees fit.
If a community-based order is breached or another offence is committed during the term of the order, the community corrections officer will prepare a "breach report" and the case will come before the court again. Offenders may be re-sentenced on the original offences and may not receive the benefit of a community based option again. Any other offences will also be dealt with and may attract an additional sentence.
When the term of the order has finished with no breaches, the sentence is complete. If the court has determined that a "spent conviction" order is appropriate, no conviction will be recorded against the offender's name when the sentence is successfully completed. Otherwise, the offender will have a criminal record.
Conditional release order
You may be sentenced to a conditional release order if found guilty of possession of dexamphetamines.
A conditional release order allows an offender to go about their daily lives under certain conditions.
Offenders can be released with or without a surety, on conditions the court decides are needed to ensure the good behaviour of the offender. A surety is someone who pledges or deposits money with the court as a sort of guarantee that the offender will not reoffend.
If the offender does end up back before the court, the money is not returned, but forfeited to the court.
When making a conditional release order, the court may also issue a spent conviction order. If an offender does not reoffend under a conditional release order, their spent conviction order allows them to no have to disclose the conviction (except in special circumstances).
A conditional release order may include any condition or demand considered necessary to secure the good behaviour of the offender — other than supervision by a Community Corrections Officer.
An offender might be asked to return to court at any time during a conditional release order, to confirm they are meeting the conditions of the order.
If an offender does breach the order by not abiding by the conditions or by reoffending, they can be fined or dealt with again. If they are dealt with again, the court will consider the degree to which they have complied with the order. An offender who has breached a conditional release order may also lose the opportunity of a spent conviction order.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of possession of dexamphetamines.
The maximum fine for possession of dexamphetamines is: $2,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Intent to sell or supply dexamphetamines
What’s taken into account if you’re found guilty...
Prison Sentence
The maximum penalty that can be imposed by a Sentencing Judge for Possession of a Prohibited Drug with Intent to Sell or Supply is 25 years imprisonment or $100,000 or both.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
In light of a firming up of drug laws, the usual penalty currently being imposed with respect to these offences are immediate terms of imprisonment.
In exceptional circumstances the Court may decide to impose a sentence other than Immediate Imprisonment such as a Suspended Term or Conditionally Suspended Term of Imprisonment.
Conditional suspended imprisonment
You may be handed a conditional suspended imprisonment order if found guilty of intent to sell or supply dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
The standard conditions and primary requirements include:
Suspended term of imprisonment
The court may impose a suspended sentence if found guilty of intent to sell or supply dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
Intensive supervision order
An Intensive Supervision Order (ISO) is similar to a community based order but is subject to more stringent conditions. A conviction is recorded against each person placed under an ISO.
For each ISO, a supervision condition is mandatory. There are three other primary requirements, which a court may impose in any combination it wishes. They are:
Whenever an ISO is imposed, an offender must report to a community corrections officer within 72 hours of the sentence being handed down; notify any change of address or employment; not leave the State without permission; and comply with all other conditions of the order.
Offenders who fail to abide by the conditions or who commit an offence, will be returned to court to be dealt with. If the order is successfully completed with no breaches, the offender will have a record, but will not have served time in prison.
Community based order
A community-based order gives offenders the opportunity to put a stop to criminal behaviour. It provides the courts with options for managing offenders in the community. Not all offences are so serious that custodial sentences are the best way to protect the community.
Community based orders provides offenders with an opportunity to undergo treatment or take part in educational, vocational or personal development programs.
In some cases, a community-based order may involve a requirement to perform a community service - and that means offenders have the opportunity to help the community as well as helping themselves. Management of the Order is the responsibility of Department staff.
The court also has the power to make a "spent conviction" order in conjunction with the community-based order. This means that once the period of the order is successfully completed, the offender is not required to reveal the details of the conviction, except in exceptional circumstances.
A community-based order means offenders can stay with their families and friends, continue in their current jobs, or continue to look for work. It means that their lives can continue as normally as possible, while meeting the terms of the order.
There are three basic requirements of a community-based order, and the court will include at least one of them. However, the court also has the power to impose two or even three of the requirements where the judge or magistrate sees fit.
If a community-based order is breached or another offence is committed during the term of the order, the community corrections officer will prepare a "breach report" and the case will come before the court again. Offenders may be re-sentenced on the original offences and may not receive the benefit of a community based option again. Any other offences will also be dealt with and may attract an additional sentence.
When the term of the order has finished with no breaches, the sentence is complete. If the court has determined that a "spent conviction" order is appropriate, no conviction will be recorded against the offender's name when the sentence is successfully completed. Otherwise, the offender will have a criminal record.
Conditional release order
You may be sentenced to a conditional release order if found guilty of intent to sell or supply dexamphetamines.
A conditional release order allows an offender to go about their daily lives under certain conditions.
Offenders can be released with or without a surety, on conditions the court decides are needed to ensure the good behaviour of the offender. A surety is someone who pledges or deposits money with the court as a sort of guarantee that the offender will not reoffend.
If the offender does end up back before the court, the money is not returned, but forfeited to the court.
When making a conditional release order, the court may also issue a spent conviction order. If an offender does not reoffend under a conditional release order, their spent conviction order allows them to no have to disclose the conviction (except in special circumstances).
A conditional release order may include any condition or demand considered necessary to secure the good behaviour of the offender — other than supervision by a Community Corrections Officer.
An offender might be asked to return to court at any time during a conditional release order, to confirm they are meeting the conditions of the order.
If an offender does breach the order by not abiding by the conditions or by reoffending, they can be fined or dealt with again. If they are dealt with again, the court will consider the degree to which they have complied with the order. An offender who has breached a conditional release order may also lose the opportunity of a spent conviction order.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of possession of dexamphetamines.
The maximum fine that can be imposed by a Sentencing Judge for Possession of a Prohibited Drug with Intent to Sell or Supply is: $100,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Manufacturing dexamphetamines
What’s taken into account if you’re found guilty...
Prison Sentence
The maximum penalty that can be imposed by a Sentencing Judge for Manufacture of a Prohibited Drug (Dexamphetamines) is 25 years imprisonment or $100,000 or both.
In some cases, when the amount of the drug is significantly high, the Misuse of Drugs Act 1981 (WA) provides that upon the application of the Prosecution (upon the entering of a conviction), that the person is to be declared a drug trafficker.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
In light of a firming up of drug laws, the usual penalty currently being imposed with respect to these offences are immediate terms of imprisonment.
In exceptional circumstances the Court may decide to impose a sentence other than Immediate Imprisonment such as a Suspended Term or Conditionally Suspended Term of Imprisonment.
Conditional suspended imprisonment
You may be handed a conditional suspended imprisonment order if found guilty of intent to sell or supply dexamphetamines.
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
The standard conditions and primary requirements include:
Suspended term of imprisonment
The court may impose a suspended sentence if found guilty of manufacture of a Prohibited Drug (Dexamphetamines).
A suspended sentence is a prison sentence that is not put into immediate effect. This means that if sentenced to a suspended sentence, you are not required to go to prison and you are released to live in the community. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence.
Intensive supervision order
An Intensive Supervision Order (ISO) is similar to a community based order but is subject to more stringent conditions. A conviction is recorded against each person placed under an ISO.
For each ISO, a supervision condition is mandatory. There are three other primary requirements, which a court may impose in any combination it wishes. They are:
Whenever an ISO is imposed, an offender must report to a community corrections officer within 72 hours of the sentence being handed down; notify any change of address or employment; not leave the State without permission; and comply with all other conditions of the order.
Offenders who fail to abide by the conditions or who commit an offence, will be returned to court to be dealt with. If the order is successfully completed with no breaches, the offender will have a record, but will not have served time in prison.
Community based order
A community-based order gives offenders the opportunity to put a stop to criminal behaviour. It provides the courts with options for managing offenders in the community. Not all offences are so serious that custodial sentences are the best way to protect the community.
Community based orders provides offenders with an opportunity to undergo treatment or take part in educational, vocational or personal development programs.
In some cases, a community-based order may involve a requirement to perform a community service - and that means offenders have the opportunity to help the community as well as helping themselves. Management of the Order is the responsibility of Department staff.
The court also has the power to make a "spent conviction" order in conjunction with the community-based order. This means that once the period of the order is successfully completed, the offender is not required to reveal the details of the conviction, except in exceptional circumstances.
A community-based order means offenders can stay with their families and friends, continue in their current jobs, or continue to look for work. It means that their lives can continue as normally as possible, while meeting the terms of the order.
There are three basic requirements of a community-based order, and the court will include at least one of them. However, the court also has the power to impose two or even three of the requirements where the judge or magistrate sees fit.
If a community-based order is breached or another offence is committed during the term of the order, the community corrections officer will prepare a "breach report" and the case will come before the court again. Offenders may be re-sentenced on the original offences and may not receive the benefit of a community based option again. Any other offences will also be dealt with and may attract an additional sentence.
When the term of the order has finished with no breaches, the sentence is complete. If the court has determined that a "spent conviction" order is appropriate, no conviction will be recorded against the offender's name when the sentence is successfully completed. Otherwise, the offender will have a criminal record.
Conditional release order
You may be sentenced to a conditional release order if found guilty of Manufacture of a Prohibited Drug (Dexamphetamines).
A conditional release order allows an offender to go about their daily lives under certain conditions.
Offenders can be released with or without a surety, on conditions the court decides are needed to ensure the good behaviour of the offender. A surety is someone who pledges or deposits money with the court as a sort of guarantee that the offender will not reoffend.
If the offender does end up back before the court, the money is not returned, but forfeited to the court.
When making a conditional release order, the court may also issue a spent conviction order. If an offender does not reoffend under a conditional release order, their spent conviction order allows them to no have to disclose the conviction (except in special circumstances).
A conditional release order may include any condition or demand considered necessary to secure the good behaviour of the offender — other than supervision by a Community Corrections Officer.
An offender might be asked to return to court at any time during a conditional release order, to confirm they are meeting the conditions of the order.
If an offender does breach the order by not abiding by the conditions or by reoffending, they can be fined or dealt with again. If they are dealt with again, the court will consider the degree to which they have complied with the order. An offender who has breached a conditional release order may also lose the opportunity of a spent conviction order.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of possession of dexamphetamines.
The maximum fine that can be imposed by a Sentencing Judge for Manufacture of a Prohibited Drug (Dexamphetamines) is: $100,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
Trafficking dexamphetamines
Important Information
A declaration that a person is a drug trafficker can have big implications on the ownership of property and travel restrictions. This declaration will be made in addition to other possible penalties.
Prison Sentence & Fine
The maximum penalty that can be imposed by a Sentencing Judge for Possession of a Prohibited Drug or Plant with Intent to Sell or Supply is 25 years imprisonment or $100,000 or both.
In light of a firming up of drug laws, the usual penalty currently being imposed with respect to these offences are immediate terms of imprisonment.
Drug trafficking declarations are orders made at Sentencing by a Judge. They are in addition to any penalty imposed upon you.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with substantial drugs case experience
Meet with lawyers who have successfully represented people charged with drugs offences.
If you have been charged we are sure you will have lots of questions.
Some of the most popular ones past clients ask are listed below.
What do i tell the Police if they come asking questions?
If you are being interviewed regarding any drugs charges, even if it is an informal chat it is important you obtain legal advice BEFORE speaking the Police. Often the Police will tell you it's just 'routine' or just a 'quick chat'. Whatever they say, they are gathering evidence and they are not your friend.
You are legally obliged to give them your name, address and date of birth HOWEVER you do not have to answer any questions and you can respond with “No comment” to all questions, anything you say may be used against you in the future however responding with “No comment” will not harm your defence.
Often people find it hard to respond with “No comment” when asked a direct question, however after a few attempts the Police will understand and the questioning process will usually end.
Do i really need a drugs solicitor?
That depends, if you want the best possible chance of gaining the most positive outcome you should speak to an experienced drugs solicitor.
You should consider the effect of a drugs conviction on your record should you be found guilty after not being represented properly, or making a guilty plea when you had other legal options available but unknown to you.
You may find it much more difficult to find employment when your employer requests a criminal record check. In certain industries it can completely rule you out as an employee. It can also have an impact on visas and international travel.
Think things through carefully before making a decision about not seeking wounding legal advice, we’re low cost and it could cost you a lot more in the long run if you don't gain the best possible result.
Will i go to prison?
This depends on the circumstances of the drugs offence, your history and other factors. Each and every drugs charge we deal with is different.
If you are concerned about the impact being found guilty might have on your life, it would be an intelligent idea to seek professional legal advice as soon as possible.
Your lawyer will be able to answer this question once you have had an appointment with them and they have had the opportunity to discuss the facts of your case, any criminal history you may have, your circumstances and taken your further instructions.
Will i get a criminal record?
If you are found guilty or decide to plead guilty to most drugs charges it will appear on your criminal record. Deciding on how you should plea should be discussed with your solicitor, often there are intelligent legal pathways you can take in order to gain a good result, even if all the evidence suggests you are guilty of the offence.
You may be eligible for a spent conviction. If applied for properly and if the court grants it, this means it will not show up on your criminal record for employment purposes.
We have successfully obtained spent convictions for clients where there has been no reasonable defence to their criminal charges on many occasions to help with their current and future job prospects.
If you fail to apply for a spent conviction at the appropriate time or attempt to apply and it is rejected you will be unable to make another application for 15 years from the point of conviction.
This means the conviction will appear on your criminal record when requested for employment purposes for 15+ years where if it had been completed properly, it would not.
Get the best possible outcome with our team.
Some recent outcomes are below.
Perth Man Acquitted - District Court of WA.
A Perth Man was found Not Guilty by jury of 12 after a 5 day Jury Trial in the District Court of WA. The jury were not satisfied beyond a reasonable doubt that the act was not an accident or an act in self-defence.
Charges Dropped - Armadale Man
An Armadale Man walks away from charges of Aggravated Assault Occasioning Bodily Harm after the complainant confirms with Police that acts were in self-defence.
Perth Man Walks Away - Suspended Sentence
After a fast-track plea of guilty, a Perth Man walked away from the District Court of WA with a suspended sentence for offences of Possession of Child Exploitation Material. Ordinarily, sentences of immediate imprisonment are imposed.
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