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Trafficking in a drug or drugs of dependence - large commercial quantity

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Josh Taaffe
Criminal Defence Lawyer


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Drug Offences - VIC
The Law - Trafficking in a drug or drugs of dependence - large commercial quantity

What the Law states - Trafficking in a drug or drugs of dependence - large commercial quantity


Drugs, Poisons and Controlled Substances Act 1981 - SECT 71

Trafficking in a drug or drugs of dependence-large commercial quantity

71. Trafficking in a drug or drugs of dependence-large commercial quantity

A person who, without being authorized by or licensed under this Act or theregulations 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 large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable-

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

Maximum Penalty in Victoria



Life / 5000 penalty units

What the Prosecution must prove - Trafficking in a drug or drugs of dependence - large commercial quantity - Vic


(a) The accused intentionally trafficked or attempted to traffick a drug of dependence.

(b) The accused trafficked in not less than a large commercial quantity of the drug of dependence.

(c) The accused intended to traffick in not less than a large commercial quantity.

(d) The prosecution does not have to prove that the accused was not authorized by or licensed under the Act or regulations to traffick.

It is necessary for the Crown to prove that the accused had knowledge of the nature of the substance and of the quantity of the substance at the time of the commission of the offence.

Possible Defences - Trafficking in a drug or drugs of dependence - large 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 - large commercial quantity


County Court.
Appeal Trafficking in a drug or drugs of dependence - large commercial quantity Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne