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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.
Cultivation of narcotic plants,Trafficking - Good Behaviour Bond - Possess Drug of Dependence - Charge Withdrawn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.
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Cultivation of narcotic plants,Trafficking - Good Behaviour Bond - Possess Drug of Dependence - Charge Withdrawn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.
Use of a drug of dependence
Use of a drug of dependence
ADLA member for - VIC
Written by
Josh Taaffe
Criminal Defence Lawyer
Drug Offences - VIC
The Law - Use of a drug of dependence
What the Law states - Use of a drug of dependence
Drugs, Poisons and Controlled Substances Act 1981 - SECT 75
Use of drug of dependence75. Use of drug of dependence
A person who, without being authorized by or licensed under this Act or the regulations to do so uses or attempts to use a drug of dependence is guilty of an offence against this Act and liable-
(a) where the court is satisfied on the balance of probabilities that the offence was committed in relation to cannabis or tetrahydrocannabinol-to a penalty of not more than 5 penalty units; and
(b) in any other case-to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment.
Maximum Penalty in Victoria
1 year / 30 penalty units
What the Prosecution must prove - Use of a drug of dependence - Vic
(a) The accused used or attempted to use a drug of dependence.
Possible Defences - Use of a drug of dependence
(a) Authorization or License.
(b) Duress.
(c) Factual dispute.
(d) Honest and reasonable mistake of belief.
(e) Identification dispute.
(f) Lack of intent.
(g) Mental impairment.
Which court will hear the charge of Use of a drug of dependence
Magistrates' Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
