What is Possession with Intent to Sell or Supply in Western Australia?
In Western Australia, possession with intent to sell or supply is a criminal offence that occurs when a person is found to be in possession of a controlled substance (such as drugs) with the intent to sell or supply it to others. This offence is considered more serious than simple possession, as it implies that the person is involved in the distribution of the controlled substance.
The penalties for possession with intent to sell or supply can vary depending on the type and quantity of the controlled substance involved, but they can include significant fines and imprisonment.
It’s important to note that the prosecution must prove that the individual had the intent to sell or supply the controlled substance, which can be difficult to prove, and that the possession was not for personal use. A lawyer experienced in drug offences can help the individual to understand the charges and the possible defences or alternatives to the case.
What are the steps involving a Possession with Intent to Sell or Supply charge in Western Australia?
The steps involved in a Possession with Intent to Sell or Supply charge in Western Australia can include the following:
- Report: The police may receive a tip or conduct an investigation that leads them to suspect that an individual is in possession of a controlled substance with intent to sell or supply.
- Search: The police will conduct a search to gather evidence of possession of the controlled substance and intent to sell or supply. This can include searching the individual’s residence, vehicle or personal belongings.
- Arrest: If the police find enough evidence, they will arrest the individual and charge them with possession with intent to sell or supply.
- Court Appearance: The individual will be required to attend court for their first appearance, where they will be advised of the charges against them and will enter a plea of guilty or not guilty.
- Pre-trial: If the individual pleads not guilty, a date will be set for a pre-trial conference, where the lawyer and prosecutor will discuss the case and try to reach a resolution.
- Trial: If a resolution is not reached, the case will go to trial. The prosecution will present evidence against the individual and the defence will present their evidence and arguments.
- Sentencing: If the individual is found guilty, the judge will impose a sentence, which can include fines, community service, or imprisonment.
It’s important to note that this is a general overview, and the specific steps may vary depending on the individual case and court procedures. Possession with intent to sell or supply is a serious criminal offence and can result in significant penalties including fines, community service, and imprisonment. It’s advisable to consult with a lawyer experienced in possession with intent to sell or supply cases to understand the charges, the possible outcomes and the legal process.
How can a lawyer help?
A lawyer who specialises in possession with intent to sell or supply cases can provide legal representation and guidance to someone who is facing charges of possessing a controlled substance with the intent to sell or supply it to others. The lawyer can help the individual to understand the charges against them and the possible consequences of a conviction. They can also review the evidence and develop a defence strategy, which can include arguing that the individual did not intend to sell or supply the controlled substance, or that the prosecution cannot prove that the possession was not for personal use.
The lawyer can also negotiate with prosecutors on the individual’s behalf, in an effort to have the charges reduced or dropped. If the case goes to trial, the lawyer can represent the individual in court and provide a strong defence.
Additionally, a lawyer can also help the individual to understand the legal process, ensure that their rights are protected throughout the case, and provide advice on any potential alternatives to criminal proceedings such as plea negotiation or drug diversion programs.
It’s important to note that possession with intent to sell or supply is a serious criminal offence, and the penalties can include significant fines and imprisonment. It’s advisable to consult with a lawyer experienced in possession with intent to sell or supply cases to understand the charges, the possible outcomes and the legal process.
The lawyers at Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.