DRUGS MISUSE ACT 1986 - SECT 13
Certain offences may be dealt with summarily
DRUGS MISUSE ACT 1986 - SECT 13
Certain offences may be dealt with summarily
13 Certain offences may be dealt with summarily
(1) Where a person charged with the commission of a crime defined in section 6, 8, 9, 9A, 9B, 9C, 10(1) , 11or 12or an attempt to commit any such
crime is liable upon conviction to not more than 15 years imprisonment,
proceedings in respect of a charge of the offence may be taken summarily.
(2)
Where a person is charged with the commission of a crime defined in section 7or an attempt to commit any such crime in respect of property obtained from
the commission of—
(b) an act
referred to in section 7(1) (b) which if it had been done in Queensland would
have constituted an offence defined in section 6;
which offence or act is of
such a nature, or is committed under such circumstances, that the person who
committed the offence or act—
(c) upon conviction is liable, pursuant to
section 6, to not more than 15 years imprisonment; or
(d) might be summarily
convicted under the laws in force in the place where it was committed;
proceedings in respect of a charge of the crime or an attempt to commit any
such crime may be taken summarily.
(2A) Despite subsections (1) and (2) ,
proceedings may not be taken summarily in relation to a charge of an offence
defined in section 6, 7, 8, 9Bor 9Cif the prosecution alleges the offence
was committed with the circumstance of aggravation stated in the
Penalties and Sentences Act 1992, section 161Q .
(3) If a person is charged
with the commission of a crime, or an attempt to commit a crime, defined in
section 8A, proceedings in relation to the charge may be taken summarily.
(4) A person against whom proceedings are taken summarily under this section
is liable, on conviction, to not more than—
(a) if a treatment order is made
for the person—4 years imprisonment; or