Criminal Lawyers Melbourne

Possession of precursor chemicals

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Cassie Collier
Criminal Defence Lawyer


Drug Offences - VIC
The Law - Possession of precursor chemicals

What the Law states - Possession of precursor chemicals


Drugs, Poisons and Controlled Substances Act 1981 - SECT 71D

Possession of precursor chemicals

71D. Possession of precursor chemicals

A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a prescribed precursor chemical in a quantity that is not less than the prescribed quantity applicable to that precursor chemical is guilty of an indictable offence.

Maximum Penalty in Victoria



5 years imprisonment and/or 600 penalty units

What the Prosecution must prove - Possession of precursor chemicals - Vic


(a) The accused was, without lawful excuse, in possession of at least the prescribed quantity of a chemical.

(b) The chemical was a prescribed precursor chemical.

Possible Defences - Possession of precursor chemicals


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.

 

Which court will hear the charge of Possession of precursor chemicals


County Court.

Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne