Real drug cases. Real results.
Drug charges in Victoria span a wide range of seriousness, from a first possession matter that may be resolved through diversion without a conviction, through to commercial quantity trafficking charges heard in the County Court where bail is presumed against and the maximum penalty is 25 years imprisonment. The case studies on this page cover that range. They illustrate not just the range of outcomes available, but the work that goes into achieving them.
Drug offences in Victoria are governed by the Drugs, Poisons and Controlled Substances Act 1981 (Vic). The applicable charge and maximum penalty depend on the substance involved, the quantity, and the conduct alleged. Possession and use are summary offences heard in the Magistrates’ Court. Trafficking, which is defined broadly under section 70 of the Act to include preparing, manufacturing, selling, exchanging, offering for sale, or possessing a drug for the purpose of sale, is an indictable offence. At commercial and large commercial quantity levels, trafficking carries maximum penalties of 25 years and life imprisonment respectively, and both charges carry a presumption against bail.
What these case studies show, across both possession and trafficking matters, is that the outcome is rarely predetermined. The facts of how a person came to be charged, their personal circumstances, their mental health, their role in any operation, and what steps they have taken since being charged all carry weight. A person facing a trafficking charge is not simply a function of the quantity of drugs involved. Courts consider the full picture, and the preparation of that picture is where a criminal lawyer’s work is most consequential.
Drug matters also frequently engage diversion pathways for lower-level offending. Victoria’s Criminal Justice Diversion Program can allow eligible accused people to have charges resolved without a finding of guilt, provided police consent, the Magistrate is satisfied, and the accused acknowledges responsibility. For trafficking matters, the picture is different. Bail, which can be refused entirely for commercial quantity charges unless exceptional circumstances are shown, becomes an immediate priority. From there, a detailed engagement with the prosecution brief, including the quantity alleged, the evidence of intent, and any available defences, determines the strategy.
The case studies below are drawn from real matters we have defended. The charges, courts and outcomes have not been altered. Client details have been changed to protect privacy. They are published to give an honest indication of how these matters proceed and what results are achievable, not to suggest that every case on similar charges will produce the same outcome.
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If you have been charged with a drug offence and need advice or representation, contact Doogue + George Criminal Defence Lawyers on 03 9670 5111.
