Drug related offences in Western Australia range from simple possession matters dealt with in the Magistrates Court through to serious allegations involving trafficking, cultivation, manufacture and importation prosecuted in the higher courts. Penalties can include fines, community based orders, suspended imprisonment or immediate imprisonment depending on the nature of the charge and the surrounding circumstances.
Gunning Young provides strategic advice and strong representation for clients charged with drug offences under both Western Australian and Commonwealth law. We act for clients from the earliest stage of an investigation through to trial, sentence and appeal.
We Act In Matters Involving:
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- Possession of prohibited drugs;
- Possession with intent to sell or supply;
- Drug trafficking allegations;
- Cultivation or manufacture of prohibited drugs;
- Cannabis offences;
- Possession of drug paraphernalia;
- Search warrant and seizure matters;
- Controlled drug importation offences; and
- Serious organised drug allegations.
Understanding Drug Charges In WA
Most State drug offences in Western Australia are prosecuted under the Misuse of Drugs Act 1981 (WA). Charges often depend on the type of substance, the quantity alleged, whether there was an intention to sell or supply, and the surrounding evidence relied upon by police.
Some matters arise from personal possession allegations. Others involve claims of dealing, commercial supply, manufacture, or participation in a larger operation. Even where no drugs are found directly on a person, charges can sometimes be laid based on possession, control, association or circumstantial evidence.
Federal drug matters commonly involve importation, border controlled substances, postal interceptions, customs investigations or proceeds of crime allegations. These matters are serious and often carry substantial maximum penalties.
Defending Drug Allegations
Every case turns on its own facts. We carefully review the prosecution material to determine whether the charge can be challenged and what strategy is most appropriate.
Issues may include:
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- Whether police can prove knowledge or possession;
- Whether the search or seizure was lawful;
- Whether the substance was properly identified and analysed;
- Whether there is sufficient evidence of intent to sell or supply;
- Whether another person was responsible;
- Whether admissions were properly obtained; and
- Whether negotiations can resolve the matter on reduced charges.
Where appropriate, we engage with prosecutors early to narrow issues, seek discontinuance, or improve the way a matter proceeds.
Sentencing For Drug Offences
If a plea of guilty is appropriate, careful preparation can significantly affect outcome. Relevant matters may include:
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- Personal use versus commercial conduct;
- Quantity and nature of substance;
- Prior record or lack of prior record;
- Rehabilitation steps taken;
- Treatment or counselling;
- Employment and family responsibilities;
- Cooperation with authorities; and
- Early plea and demonstrated remorse.
We prepare focused sentencing submissions aimed at achieving the best available result.
Police Interviews, Search Warrants and Bail
Many drug matters begin with a police interview, vehicle stop, home search or arrest. Early legal advice is often critical. We advise clients regarding interviews, warrants, disclosure obligations, bail applications and how best to protect their position from the outset.
Why Early Advice Matters
Drug allegations can carry serious personal, employment and travel consequences even before a case is finalised. Prompt advice can assist in preserving defences, managing police contact, obtaining bail and preparing the strongest possible response.