‘Possession of Precursor Chemicals’ is an offence contrary to s 71D of the Drugs, Poisons and Controlled Substances Act 1981 (the Act).
Possession of Precursor Chemicals has a maximum penalty of a $95,142 fine or 5 years imprisonment or both.
This is a very serious offence that will normally mean that you will serve a prison term if you are found guilty. This type of charge is heard in the County Court. It is an unusual charge as people are normally found with the drug itself rather than the means of producing it.
Elements of the Offence
To prove this offence the Prosecution must show that (1) the accused possessed a prescribed quantity of a chemical without lawful excuse and (2) that chemical was a prescribed precursor chemical.
Defences to this charge can be:
- The substance that the Police have seized was not a prescribed precursor chemical;
- Factual disputes about where and when materials were seized;
- Disputes as to intention to possess.
You should ring us and discuss your case if you have been charged.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
Case studies related to the charge of Possession of precursor chemicals:
You may also visit this page to view sentencing decisions by Victorian County Courts for the offence of Possession of Precursor Chemicals.