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Recent Case Studies
Trafficking- Fine, Use drug of Dependence - Good Behaviour Bond
Case study, by VIC criminal lawyers.
Trafficking, Possess Drug of Dependence - Good Behaviour Bond, No conviction
Case study, by VIC criminal lawyers.
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Possess Drug of Dependence x 4 - Diversion
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Trafficking Possess Drug of Dependence Attempted to give a prisoner drugs - Fine
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Possess Drug of Dependence, Drive while impaired by drugs, Exceed PC drugs - 49(1)(h) Fail to record time and place of rest/rest change
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Cultivation of narcotic plants, Trafficking - commercial quantity, Possess Drug of Dependence, Theft
Case study, by VIC criminal lawyers.
Case study, by VIC criminal lawyers.
Trafficking, Possess Drug of Dependence - Good Behaviour Bond, No conviction
Case study, by VIC criminal lawyers.
Cultivation of narcotic plants,Trafficking - Good Behaviour Bond - Possess Drug of Dependence - Charge Withdrawn
Case study, by VIC criminal lawyers.
Possess Drug of Dependence x 4 - Diversion
Case study, by VIC criminal lawyers.
Trafficking Possess Drug of Dependence Attempted to give a prisoner drugs - Fine
Case study, by VIC criminal lawyers.
Possess Drug of Dependence, Drive while impaired by drugs, Exceed PC drugs - 49(1)(h) Fail to record time and place of rest/rest change
Case study, by VIC criminal lawyers.
Cultivation of narcotic plants, Trafficking - commercial quantity, Possess Drug of Dependence, Theft
Case study, by VIC criminal lawyers.
Trafficking in a drug or drugs of dependence - commercial quanti...
Trafficking in a drug or drugs of dependence - commercial quantity
ADLA member for - VIC
Written by
Josh Taaffe
Criminal Defence Lawyer
Drug Offences - VIC
The Law - Trafficking in a drug or drugs of dependence - commercial quantity
What the Law states - Trafficking in a drug or drugs of dependence - commercial quantity
Drugs, Poisons and Controlled Substances Act 1981 - SECT 71AA
Trafficking in a drug or drugs of dependence-commercial quantity71AA. Trafficking in a drug or drugs of dependence-commercial quantity
A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Maximum Penalty in Victoria
The maximum penalty for a charge of trafficking in a drug or drugs of dependence - commercial quantity is 25 years imprisonment.
The charge of trafficking in a drug or drugs of dependence - commercial quantity is defined as a significant offence. Significant offences are a new category of offences introduced to the Sentencing Act 1991 by the Sentencing Further Amendment Act 2011. Offenders who commit a significant offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.
What the Prosecution must prove - Trafficking in a drug or drugs of dependence - commercial quantity - Vic
(a) The accused intentionally trafficked or attempted to traffick a drug of dependence.
(b) The accused trafficked not less than a commercial quantity of the drug of dependence.
(c) The accused intended to traffick not less than a commercial quantity of the drug of dependence.
(d) The prosecution does not have to prove that the accused was not authorized by or licensed under the Act or regulations to traffick.Possible Defences - Trafficking in a drug or drugs of dependence - commercial quantity
(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 Trafficking in a drug or drugs of dependence - commercial quantity
The charge of trafficking in a drug or drugs of dependence - commercial quantity is heard in the County Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
