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  • AADD Moderators: swilow | Vagabond696

Law in Australia

mnapora

Bluelighter
Joined
Sep 24, 2001
Messages
11
I got a question. I live in 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?
What are the penalties? What should I do?
 
If you're minding your own business chances are you wouldn't be busted as 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. Police, in Victoria at any rate, can't just go around searching people and fucking with their civil liberties, they need reasonable grounds to do so. I assume it's the same in WA.
As for possession of one pill, I imagine the penalties are similar to those in Victoria, as they are in SA and NSW, which is a maximum $3000 fine(unlikely especially for a first offence/clean record and such a small quantity) and at the most 1 year in prison(even more unlikely).
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.
[edit: as with any situation concerning legal infringments which require court appearance, the most sensible thing to do(apart from not get caught) is to seek representation immediately, if that means only court appointed legal aid then so be it. A criminal record is not something you want especially when it's for life.]
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One more hour.
[This message has been edited by Prometheus (edited 25 October 2001).]
 
As WA and QLD share the same criminal code (ie after Sir Sameul Griffiths wrote it, you guys copied it) refer to the thread "Have you ever been busted". Do a search for it, or i'm sure someone can provide a link.
A quick answer:
A) unless you are blatantly off your pickle, you won't be touch (as prom said). You may, if off you pickle, be arrested and taken to the watchouse.. not the best place to be coming down. You may be charged with offences like: disorderly conduct, vagrancy-type provisions or just locked up for your own "safety".
B) you'll be charged with possession, unles you were caught actually selling or giving the pill to someone, then it is supply.
If possession: No record $5/600 and above fine.
If supply: get a lawyer, you could be in a shitload of trouble. Possible crim record, fine from $1200 up.
Do a search for that thread, or hit your local law library or public library, there are heaps of texts explaining the provisions of the criminal codes.
 
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