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Possession of substance etc for trafficking in a drug of depende...
Possession of substance etc for trafficking in a drug of dependence
ADLA member for - VIC
Written by
Cassie Collier
Criminal Defence Lawyer
Drug Offences - VIC
The Law - Possession of substance etc for trafficking in a drug of dependence
What the Law states - Possession of substance etc for trafficking in a drug of dependence
Drugs, Poisons and Controlled Substances Act 1981 - SECT 71A
Possession of substance, material, documents or equipment for trafficking in a drug of dependence71A. Possession of substance, material, documents or equipment for trafficking in a drug of dependence
(1) A person who, without being authorised by or licensed under this Act or the regulations to do so, possesses a substance, material, document containing instructions relating to the preparation, cultivation or manufacture of a drug of dependence or equipment with the intention of using the substance, material, document or equipment for the purpose of trafficking in a drug of
dependence is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) Nothing in this section is limited by section 71C.
(3) Nothing in this section is limited by section 71D.
Maximum Penalty in Victoria
10 years imprisonment
What the Prosecution must prove - Possession of substance etc for trafficking in a drug of dependence - Vic
(a) The accused was in possession of a substance, material or document containing instructions, relating to preparation cultivation or manufacture of a drug of dependence or of equipment.
(b) The accused intended to use the substance, material, document or equipment for the purpose of trafficking in a drug of dependence.
(c) The accused was not authorised or licensed under the Drugs Poisons and Controlled Substances Act to do so.
Possible Defences - Possession of substance etc for trafficking in a drug of dependence
(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 substance etc for trafficking in a drug of dependence
County Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
