What can police do with text messages about drugs?

Police often rely on text messages where illicit drugs are discussed, as evidence of drug supply.

It is important to understand that the legal definition of “supply” includes:

  • Selling or distributing.
  • Agreeing to supply.
  • Offering to supply.
  • Keeping or having in possession for supply.
  • Sending, forwarding, delivering, or receiving for supply.
  • Authorising, directing, causing, suffering, permitting, or attempting to do any of the above.

If you are in a position where police are alleging your text messages indicate that you supplied drugs, we may be able to argue that your text messages do not establish drug supply beyond reasonable doubt.

The following case study involves a client whose mobile phone contained incriminating text messages suggesting he was involved in the supply of prohibited drugs.

 

Case study involving text messages about drugs

 

Case facts

Our client was arrested by police and was found to be in possession of cannabis, $750 cash and a mobile phone containing incriminating text messages suggesting he was involved in the supply of prohibited drugs. He was charged with possession of a prohibited drug and goods in custody suspected to be the proceeds of crime. Police were continuing investigations in relation to a charge of drug supply.

We made representations (a written request for the withdrawal of charges) to the police. During the adjournment period when the police where considering our representations our client agreed to participate in the MERIT (Magistrates Early Referral Into Treatment) Program. He successfully completed the program and received a glowing report from his case officer

 

Case result

Our representations were successful and the police withdrew the goods in custody charge. We appeared for the sentence and urged upon the court that consideration be given to dealing with the matter without recording a criminal conviction. After lengthy submissions the Magistrate agreed and discharged our client under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This was a brilliant result and the client was extremely relieved and happy with the outcome.

As we were leaving the courtroom we were approached by a person waiting for their matter to be dealt with in court and complemented on our persuasive submissions. This person was so impressed that she asked for her matter to be adjourned to allow us to appear for her on the next occasion.

 

 

Nyman Gibson Miralis provides expert advice and representation for all drug-related offences. 

Contact us if you require assistance.