Queensland Consolidated Regulations

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CRIMINAL PRACTICE RULES 1999 - SCHEDULE 4

SCHEDULE 4 – Forms for indictments, informations and complaints— statement of offences under the Drugs Misuse Act 1986

Form 352 - Trafficking in a dangerous drug

( Section 5 . Trafficking in dangerous drugs)
Carried on the business of unlawfully trafficking in the dangerous drug(s) [name the drug(s)].
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 353 - Supplying a dangerous drug (with a circumstance of aggravation)

( Section 6 . Supplying dangerous drugs)
1 Unlawfully supplied the dangerous drug [name the drug] to another person (or to EF).
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).
2 Being an adult, unlawfully supplied the dangerous drug [name the drug] to EF, a minor (or an intellectually impaired person or who was within an educational institution (or correctional facility) or who did not know that he (or she) was being supplied with the drug).
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 354 - Receiving (or possessing) property obtained from trafficking (or supplying)

( Section 7 . Receiving or possessing property obtained from trafficking or supplying)
1 Received (or possessed) [describe the property] obtained from trafficking in a dangerous drug(s) (or supplying a dangerous drug), knowing (or believing) it to have been obtained from the trafficking or supply.
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).
2 Received (or possessed) [describe the property], knowing (or believing) it to have been obtained from the commission of an act done at [place, not in Queensland], which if it had been done in Queensland would have constituted the offence of trafficking in a dangerous drug(s), (or supplying a dangerous drug), and which was an offence under the laws in force there.
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).
3 Received (or possessed) (part of) [describe the property obtained] knowing (or believing) that it was wholly (or in part) mortgaged (or pledged or exchanged or converted) from property obtained from trafficking in a dangerous drug (or supplying a dangerous drug).
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).
4 Received (or possessed) [describe the property obtained] knowing (or believing) that it was wholly (or in part) mortgaged (or pledged or exchanged or converted) from property obtained from the commission of an act done at [place, not in Queensland], which if it had been done in Queensland would have constituted the offence of trafficking in a dangerous drug(s), (or supplying a dangerous drug), and which was an offence under the laws in force there.
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 355 - Producing a dangerous drug (in excess of [state the quantity])

( Section 8 . Producing dangerous drugs)
Unlawfully produced the dangerous drug [name the drug].
And the quantity of the dangerous drug was (or exceeded) [state appropriate quantity according to schedules 3 and 4 of the Drugs Misuse Act 1986].
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 356 - Publishing (or possessing) instructions for producing a dangerous drug

( Section 8A . Publishing or possessing instructions for producing dangerous drugs)
1 Unlawfully published instructions about the way to produce the dangerous drug [name the drug].
2 Unlawfully had possession of a document containing instructions about the way to produce the dangerous drug [name the drug].

Form 357 - Possessing a dangerous drug (in excess of [state the quantity])

( Section 9 . Possessing dangerous drugs)
Unlawfully had possession of the dangerous drug [name the drug].
And the quantity of the dangerous drug was (or exceeded) [state appropriate quantity according to schedules 3 and 4 of the Drugs Misuse Act 1986].

Form 357A - Possessing a relevant substance (or thing)

( Section 9A . Possessing relevant substances or things)
Unlawfully possessed a relevant substance [name the substance] (or thing [name the thing]).

Form 357B - Supplying relevant substance (or thing)

( Section 9B . Supplying relevant substances or things)
Unlawfully supplied a relevant substance [name the substance] (or thing [name the thing]) for use in connection with the commission of the offence of producing a dangerous drug.
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 357C - Producing relevant substance (or thing)

( Section 9C . Producing relevant substances or things)
Unlawfully produced a relevant substance [name the substance] (or thing [name the thing]) for use in connection with the commission of the offence of producing a dangerous drug.
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(a) was a participant in a criminal organisation; and
(b) knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 357CA - Trafficking in a relevant substance (or thing)

( Section 9D . Trafficking in relevant substances or things)
Carried on the business of unlawfully trafficking in a relevant substance (or substances), namely [state the substance(s)] (or thing (or things), namely [state the thing(s)]) for use in connection with the commission of an offence against the Drugs Misuse Act 1986, section 8 .

Form 358 - Possessing a thing for use (or used) in connection with [state offence e.g. by using the schedule form heading]

( Section 10 (1). Possessing things)
1 Had in his (or her) possession [describe the thing] for use in connection with the commission of the crime of [state offence e.g. by using the schedule form heading].
2 Had in his (or her) possession [describe the thing] that he (or she) had used in connection with the commission of the crime of [state offence e.g. by using the schedule form heading].

Form 358A - Possessing a prohibited combination of items

( Section 10B . Possession of a prohibited combination of items)
Unlawfully possessed a prohibited combination of items, namely [describe items under schedule 8C of the Drugs Misuse Regulation 1987].

Form 359 - Permitting use of a place for [state offence e.g. by using the schedule form heading]

( Section 11 . Permitting use of place)
Being the occupier (or concerned in the management or control) of [describe the place] permitted it to be used for the commission of the crime of [state offence e.g. by using the schedule form heading].

Form 360 - Being a party to [state offence e.g. by using the schedule form heading]

( Section 12 . Parties to offences committed outside Queensland)
Was a party to an act done in [state place], which if it had been done in Queensland would have constituted the crime of [state offence e.g. by using the schedule form heading] and which was an offence under the laws of [place].

Form 360A - Contravening a restraining order

( Section 41 (8). Restraining order)
Being a person to whose property a restraining order made by a judge relates (or to whom a copy of a restraining order made by a judge has been given (or deemed to be given)), contravened the restraining order made by the judge by attempting (or purporting) to [describe act] in disobedience (or wilful disregard) of the order.

Form 361 - Disclosing informers

( Section 119 . Protection of informers)
1 Disclosed the name of an informer.
2 Disclosed a particular (or particulars) that was (or were) likely to lead to the identification of an informer.

Form 362 - Contravening an order prohibiting publication

( Section 121 (6). Power to prohibit publication of proceedings)
Acted in contravention of an order by a judge prohibiting the publication of the proceedings (or part of the proceedings, or the name and address of a witness in the proceedings) of [describe].


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