Drug & other Related Offences

Drug charges are extremely serious in Western Australia, with some carrying the penalty of life imprisonment. In Western Australia the courts treat all prohibited substances at the same level of seriousness, that is, one type of drug is not more serious than another.

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The most common general drug offences are possession and possession with intent to sell or supply. In Western Australia define the offences as follows:

  • Possession of a prohibited drug involves having a small quantity in your possession on your person, in your handbag or having it at your residence or in your motor vehicle. Possession of a prohibited drug for personal use is a simple offence, dealt with by a Magistrates Court. The maximum penalty is a $2000 fine and/or imprisonment for two years.

Possession with intent to sell and supply a prohibited drug  if you are found to be in possession of a larger quantity of prohibited drugs or you are found to have indicators of drug dealing such as scales, cash, text messages etc you will be charged with this offence This is a serious offence and if found guilty, a person usually receives a term of imprisonment unless there are exceptional circumstances.

Other common offences associated with drugs offences are:

  • Possession of Stolen or Unlawfully Obtained Property which involves being in possession of sums of cash or other valuables. Defending this charge will involve proving that the cash or valuables were not unlawfully obtained.
  • Fail to Comply with a Data Access Order. If Police lawfully seize your computer, phone, or other device on which data is stored, they may serve you with a data access order for you to provide a PIN or Password to allow access to the device. The Police must have grounds for believing that the device will contain data relevant to a serious offence that you have committed.  If You may commit an offence if you do not comply with a data access order

Defending Drug Charges

If charged with a drug or drug related offence there are a lot of avenues that need to be explored to defend the charge.  Each situation is different and a lot will depend upon whether the prosecution can prove the elements of each charge.  Common defences centre around whether you had the drugs in your possession or whether you had knowledge that it was prohibited substances.  Further, charges can be negotiated from selling to prohibited drugs or supplying or possession based on the facts of each case.

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The penalties for drug related offences are severe therefore talking to Smiddy-Brown Legal to explore your defence is crucial. Our experienced lawyers bring a wealth of experience to carefully assess the specifics of your case, ensuring the formulation of the most effective defence strategy. Whether it involves challenging the evidence, addressing procedural errors, or exploring alternative resolutions, you can find reassurance in knowing that we are here to strongly advocate for your rights and diligently work towards securing the best possible outcome for your future.

We have the experience and expertise to represent you through all the legal processes, procedures and technicalities to protect your legal rights and achieve the best possible outcome for you.  

Call our lawyers on (08) 9468 3645 and relax with confidence knowing that your matter is in good hands.

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Carolyn Smiddy-Brown

Director, Solicitor and Barrister


Robert Jamieson

Solicitor and Barrister