At James Jackson Criminal Defence, we have a wealth of experience in drug and firearm matters.
These offences usually go hand-in-hand, with guns being found along with drugs, or connected to drug search warrants. Our Director, James Jackson, has over a decade of experience in serious drug matters before juries. This includes representing a client involved in a shipment of 56kg of high purity methylamphetamine from the eastern states, one of the largest drug hauls in WA’s history.
Drug possession
To possess a drug requires that you have custody of the drug or an intention to control it, if you don’t have actual custody of the drug. You must also have knowledge of the drug in that you believe there is a likelihood the item is a prohibited drug.
Just because drugs are located that aren’t yours, does not necessarily mean you didn’t possess them.
The law on possession is complex and we recommend that you contact us to obtain expert advice if you are facing a drug charge but dispute possession of the drug.
A drug possession conviction can have major consequences for your career, and your travel plans. It is not something to take lightly.
Common defences include having no knowledge the drug was there; or having no intention to control the drug.
Penalties are usually fines.
Drug dealing: possession with intent
Drug dealing charges require proof of possession, and also an intention to sell/supply the drugs. There are presumptive amounts so that if you possess more than for instance 2 grams of methylamphetamine, you are presumed to intend to sell or supply the drug.
Most drug dealing cases are sentenced to imprisonment, but not all. We can assist you, in an exceptional case, to present your case in such a way that you secure a suspended term of imprisonment for a drug dealing offence. For example, we can show you how to demonstrate to the court that you have engaged in rehabilitation to such an extent that imprisonment is not justified.
Drug dealing cases can involve quite small amounts, all the way up to very large commercial quantities of multiple kilograms. In the latter case, sentences can range as high as 20 years’ imprisonment or longer.
Defences are lack of possession; or that there was no intention to sell or supply the drugs (Ie they were all for personal use).
In large commercial drug dealing cases, charges can involve attempts to sell or supply drugs (Eg if the drugs are intercepted); and conspiracies involving multiple co-accused. We have the expertise in these matters to decipher voluminous briefs of evidence and assist you to formulate a successful defence strategy.
Cannabis cultivation and dealing
The penalties for cannabis are different to other drugs. Further, cannabis cultivation cases are generally unique and require specialized knowledge in order to properly defend them.
We have considerable experience defending charges of cultivating cannabis, including recently having a “cultivate cannabis with intent” charge relating to a “grow-house” thrown out of the District Court.
Drug manufacture
Drug manufacturing cases are complex and differ considerably depending on the type of drug.
Common examples are a “meth lab” in a suburban house, or cooking DMT from bark in a kitchen pot.
Penalties are ordinarily immediate imprisonment because of the risks involved in manufacturing the drug, such as explosions.
Defences include that the drug was not actually manufactured; or that someone else manufactured it.
Firearms offences
Most firearms offences involve the unlicensed possession of a firearm or ammunition, but can also involve the unlicensed sale of firearms. The offence is aggravated if the firearm is possessed along with certain quantities of drugs or cash.
The defence is usually a lack of knowledge that the firearm was there. This defence is difficult to establish and requires expert legal representation.
Penalties for possessing unlicensed firearms are normally terms of imprisonment, particularly if the firearm is a handgun.
