Law in Australia

mnapora

Bluelighter
Joined
Sep 24, 2001
Messages
11
I got a question. I live in Perth, Western Australia. Now I was wondering if:
a)can I get busted while being under the influence (not disturbing anyone, just minding my own business)?
AND
b)what will happen to me if they found one e pill on me? What can I be charged with?
 
The police can arrest you without a warrant if they reasonably believe or suspect that you have broken the law. Most arrests are made without a warrant.
An arrest may be lawful even if you have not committed an offence.
If the police have reasonable grounds to suspect that someone has committed certain offences under the Misuse of Drugs Act, they have very wide powers, which include entering on to a premises without a search warrant and searching your person and your property.
Drug offences
You may be charged with possession of drugs in certain large quantities. For example, more than 500g of cannabis, 4g of cocaine, 0.004g LSD. If this occurs, the matter will often proceed in the District Court.
You may be charged with possession of drugs (including with intent to sell or supply) where the amounts of drugs are of a small quantity.
If you are a child under the age of 18 and are charged for possessing drugs. You can be sentenced to:
a) a term of imprisonment;
b) detention; or
c) an Intensive Youth Supervision Order
Hope that helps
- KaNdee-KiD
[This message has been edited by KaNdee-KiD (edited 05 November 2001).]
 
Prometheus, care to add anything? Kandee-kid sems to have done quite a good job!
 
Ok, back now.
To begin with, if you're minding your own business and not looking conspicuously chopped you wouldn't be busted in the first place. You wouldn't be acting in a suspicious manner and therefore wouldn't be giving the police any real reason to search you let alone be aware of your drug-induced state. But on the off chnace that you were you would might be charged with an offence in relation to dis-orderly conduct and would probably be fined and have shitty parents.
Police can't just go around searching people out of caprice and interfering with their civil liberties, they need a reasonable suspicion that a crime has been committed or that you have in your possession articles connected with a crime(I don't think phat pants meets the criteria of a reasonable suspicion).
In WA drugs offences fall under the Misuse of Drugs Act, which is shared withQueensland. If you were charged with possession per se under this legislation you would receive a fine not exceding $3,000 and/or a sentence not exceeding three years. Bare in mind these are the maximum penalities and only apply to the most severe of situation and not to yours which regards possession of a single pill.
Generally speaking, in situations concerning first offenders, handing out punishment for minor drug offences is to a large degree at the courts discretion. Meaning that, if you can show that you're a valued member of society(eg. holding down a job, good family life, contributing to the community, going to church, teaching blind people to read, etc) the court is very unlikely to hand down a severe sentence.
Apologies for the delay mnapora.
[This message has been edited by Prometheus (edited 10 November 2001).]
 
i was just wondering.....
if you do get arrested, can they make you take a blood test? i herd it was illegal to produce, buy, sell, possess drugs, but it wasnt illegal to be under the influence of drugs.is this true??? i live in queensland. also how many pills are required to be arrested for dealing? is there any good sites that show (qld) drug laws???
 
[Drug Misuse Act QLD (1986)]
You can be arrested for dealing even if it involves a single pill. Trafficking relates to the commercial movement of drugs. It's a qualitative measure moreso than a quantitative one. However should you be arrested with more than the traffickable quantity in your possession you will be assumed to have intent to supply unless you can prove otherwise. Try to avoid acting in a way which may make it look as though you intend to deal for example carrying large quantities of cash on your person, copious amounts of baggies and address books with amounts scrawled next to names. Fairly simple measures which may save you a great deal of trouble.
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I am the king, you are my creation, I am the ruler of the TranceNation.
 
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