MK Law

Drug Offences in Melbourne

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  • Ice Epidemic in Victoria
  • Unauthorised Possession of Poison or a Controlled Substance
  • Manufacturing Heroin
  • Trafficking a Drug of Dependence in a Large Commercial Quantity
  • Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
  • Trafficking a Drug/s of Dependence in a Commercial Quantity
  • Trafficking a drug/s of Dependence to a Child
  • Trafficking a Drug/s of Dependence
  • Supplying a Drug/s of Dependence to a Child
  • Possession of Tablet Press
  • Possession of Chemical Precursor Chemicals
  • Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
  • Cultivation of Narcotic Plants
  • Drug of Dependence into the Body of Another Person
  • Obtaining Drugs of Dependence by False Representation
  • With Use or Possession of a Drug of Dependence

Drug offences in Melbourne are prosecuted under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). These offences range from minor possession to large-scale trafficking and carry a wide spectrum of legal consequences depending on the nature and seriousness of the charge. 

Common Drug Offences in Victoria

  • Possession: Having a drug of dependence without lawful excuse. 
  • Use: Using an illegal drug. 
  • Trafficking: Selling, manufacturing, or possessing drugs with the intent to sell. 
  • Cultivation: Growing prohibited plants, such as cannabis. 
  • Importation: A Commonwealth offence handled federally for cross-border or international matters. 

Classification of Drug Quantities

Victoria’s drug laws classify drugs in terms of: 

  • Small (personal) quantity 
  • Trafficable quantity 
  • Commercial quantity 
  • Large commercial quantity
 

These classifications determine the seriousness of the offence, and which court will hear the matter. 

Which Courts Hear Drug Offences in Melbourne?

The court jurisdiction depends on the severity of the offence: 

  1. Magistrates’ Court of Victoria
    • Examples: possession of small amounts of illicit substances, or first-time use. 
    • Maximum sentence jurisdiction: 2 years imprisonment per offence (or 5 years total for multiple offences). 
    • Also handles committal hearings for more serious indictable offences before they’re transferred to a higher court. 
  1. County Court of Victoria
    • Hears more serious indictable drug offences. 
    • Common for charges involving trafficking, cultivation, or possession of large quantities. 
    • Full trials are held if the accused pleads not guilty. 
    • Sentences can include lengthy imprisonment depending on aggravating factors and prior history. 
  1. Supreme Court of Victoria
    • Handles the most serious drug matters, especially those involving large commercial trafficking, complex networks, or co-occurring charges such as organised crime or violence. 
    • May also hear appeals from the County Court. 

Diversion and Therapeutic Options

Court Diversion Program 

  • Available to first-time or low-level offenders. 
  • If eligible, offenders can avoid a conviction by completing treatment and counselling. 
  • Must accept responsibility for the offence. 
 

Drug Court of Victoria 

  • A specialist division of the Magistrates’ Court. 
  • Available in Dandenong and Melbourne. 
  • Designed for offenders with significant drug dependency. 
  • Offers Drug and Alcohol Treatment Orders (DATO) instead of jail, combining judicial oversight with rehabilitation. 

Sentencing Considerations

Judges and magistrates consider: 

  • The quantity and type of drug 
  • Whether the offence was for personal use or profit 
  • Prior criminal history 
  • Evidence of rehabilitation or remorse 
  • Cooperation with police 
  • Plea (guilty or not guilty) 

Penalties may include:

  • Adjourned undertakings or good behaviour bonds 
  • No conviction recorded (in limited cases) 

Need Legal Help?

If you or someone you know is facing drug charges in Melbourne, it’s crucial to understand your rights and options. Early legal advice can make a significant difference to the outcome. 

At MK Law, we understand the complexities of drug-related offences and the potential impact these charges can have on your life, including your employment, travel, and personal freedom. Our experienced team of criminal lawyers is dedicated to providing tailored legal support to individuals charged with possession, trafficking, and cultivation of illicit substances. 

What MK Law Offers:

  1. Expert Legal Representation 
    We have extensive experience defending clients facing all types of drug charges, including possession, trafficking, cultivation, and use of illegal substances. Our team is well-versed in the legal intricacies surrounding drug offences in Victoria and works hard to achieve the best possible outcomes for our clients. 
  2. Comprehensive Case Assessment 
    From the moment you contact us, we will assess the details of your case thoroughly. We’ll explain the charges, discuss potential defences, and guide you through your options. Whether it’s negotiating with the prosecution or representing you in court, we are here to ensure your rights are protected. 
  3. Strategic Defence 
    Every drug case is unique. At MK Law, we create personalised legal strategies designed to reduce the impact of criminal charges on your life. Whether it’s challenging the evidence, exploring diversion programs, or working towards a plea agreement, we will fight for the most favourable outcome. 
  4. Expert Advice on Diversion Programs and Rehabilitation 
    For individuals struggling with substance abuse, MK Law can refer you to specialised rehabilitation programs that may assist in avoiding a conviction. We advocate for early intervention and rehabilitation, which can significantly influence sentencing and the likelihood of diversion programs or treatment orders, such as the Drug and Alcohol Treatment Order (DATO) offered by the Drug Court. 
  5. Representation Across All Court Levels 
    Whether your case is being heard in the Magistrates’ Court for a less severe drug offence or a more complex matter involving trafficking is being tried in the County Court or Supreme Court, we provide professional representation at every stage. We’ll ensure that your case is handled appropriately, regardless of where it is being heard. 
  6. Plea Negotiations and Sentencing Advocacy 
    If you’re pleading guilty, we will advocate for the most lenient sentence possible, taking into account factors such as your rehabilitation efforts, cooperation with authorities, and the nature of the offence. We may be able to secure alternatives to imprisonment, such as community service, fines, or even no conviction recorded. 
  7. Dedicated Support Throughout the Process 
    We understand that facing drug charges can be stressful and overwhelming. MK Law is committed to offering compassionate, hands-on support throughout your case. We’ll keep you informed at every step and ensure you feel confident in the legal process. 

Why Contact MK Law for Your Drug Case?

  • Proven Track Record of Success 
    We have a strong history of achieving favourable outcomes for clients charged with drug-related offences. Our team’s expertise in criminal law and detailed understanding of Victoria’s drug laws means we can provide effective representation that can make a real difference. 
 
  • Personalised Legal Strategies 
    We don’t believe in a one-size-fits-all approach. At MK Law, we take the time to understand your unique situation and create a legal strategy that best suits your needs. Whether it’s advocating for rehabilitation over jail time or fighting to have charges dropped, we tailor our approach to ensure the best possible result. 
 
  • Experienced Criminal Lawyers 
    Our lawyers have extensive experience working on drug cases, and we know how to navigate complex legal situations. From understanding how the courts handle drug offences to negotiating with prosecutors, we offer the expertise you need to handle your case effectively. 
 
  • Confidential and Compassionate Service 
    We understand the sensitive nature of drug charges. At MK Law, we provide confidential, non-judgmental advice to help you make informed decisions. Our team is here to support you without adding pressure, so you can feel confident in the legal process. 
 
  • Comprehensive Support Beyond Legal Representation 
    Beyond just legal advice, we help clients access necessary rehabilitation services, and counselling. This holistic approach can not only help you with the legal outcome but also give you a pathway to address any underlying issues with substance abuse. 
  • Ice Epidemic in Victoria
  • Unauthorised Possession of Poison or a Controlled Substance
  • Manufacturing Heroin
  • Trafficking a Drug of Dependence in a Large Commercial Quantity
  • Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
  • Trafficking a Drug/s of Dependence in a Commercial Quantity
  • Trafficking a drug/s of Dependence to a Child
  • Trafficking a Drug/s of Dependence
  • Supplying a Drug/s of Dependence to a Child
  • Possession of Tablet Press
  • Possession of Chemical Precursor Chemicals
  • Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
  • Cultivation of Narcotic Plants
  • Drug of Dependence into the Body of Another Person
  • Obtaining Drugs of Dependence by False Representation
  • With Use or Possession of a Drug of Dependence

Testimonials

What people Say

  • I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More
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  • Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read More
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  • I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read More
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  • Marie Lukic defended me and l couldn’t be happier with the results, she listened too what l said and was able too put in her words too get me th... Read More
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Contact MK Law Today

If you or someone you know is facing drug-related charges, don’t wait to seek professional legal advice. The earlier we are involved in your case, the better the chance we have to guide you towards a positive outcome. 

📞 Call MK Law on 1800 130 120 for a confidential consultation or visit our website to schedule an appointment. Let us use our experience and knowledge to help you achieve the best possible result. 

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