QLD Search Warrant, Drugs Trafficking Sentences and Mobile Phones

[Ayla]

Was wondering what the penalty are of these offences that my partner has been charged with, all so on the 8th off this month, when they (the police) came to my mother's house with the search warrant. I got detained with my 8 month old baby and they had my mobile phone.

When they finished doing the search they then said "everything is okay then" turned around and said "you are under arrest" to my partner. They took him also mine and my stepdaughter's phone, told us to call in 2 hours to come and collect our phones. I rang and rang he never rang back. Then I finally got a hold of the officer and said "ring next mid week and come and collect". I've been ringing, he would say "I'll ring back" and I never get a phone call. My stepdaughter is getting hers back today. I've rang and rang today and I'm getting nothing. Is this right?

My partners charges.
Charge 1 of 2, (Drugs misuse act 1986) 5 Trafficking in dangerous drugs

Carried on the business of unlawfully trafficking in the dangerous drug named methamphetamine.


Charge 2 of 2, (Drugs misuse act 1986) 10(1)(b) possessing anything used in the commission of crime defined in part 2

Had in his Possession a mobile phone that he had used in connection with the commission of a crime as defined in part 2 of the drugs misuse act 1986 namely trafficking in dangerous drugs.

 

[Tracy B]

Hi Ayla,

When it comes to sentencing, it is very difficult to predict what would be the likely range. This is because it depends on a number of factors (e.g. conduct before trial, conduct during and after trial, guilty plea, remorse, evidence against the offender, victims and injury, offender's personal background, dependants, offender's personal circumstances etc.)

Drug charges are even more difficult because it varies depending on the nature of drugs, quantity, pure/mixed etc.

A similar thread previous discussed drug sentencing in more detail, you can read it here: "Drugs - father charged with trafficking" (QLD and Victoria may differ slightly in the way they treat sentencing, however states often look to each other for guidance and broadly adopt the same sentencing guidelines).

If you have any questions on police search and seizure powers (e.g. taking the mobile phones), you can read "Police search and seize powers" and "Dealing with police" (Victorian article, but applies to QLD as well).