Author: Kristina Kothrakis
Practice area: drug offences
Kristina is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist with over 18 years of criminal defence experience. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Kristina authored this content and last revised it for accuracy on 7 August 2026.
What is the offence of Trafficking in a Drug of Dependence?
Trafficking in a Drug of Dependence is a Victorian criminal offence under section 71AC of the Drugs, Poisons and Controlled Substances Act 1981. It targets conduct involving the commercial dealing of substances classified as drugs of dependence and criminalises unauthorised participation in the drug supply chain.
Key points
- Legal element: The accused must have intentionally trafficked or attempted to traffick in a drug of dependence.
- Prohibited conduct: Includes selling a drug of dependence or preparing a drug of dependence for sale.
- Court classification: An indictable offence that can be heard summarily in the Magistrates’ Court.
The maximum penalty for Trafficking in a Drug of Dependence is Level 4 imprisonment (15 years maximum).
Common defences may include Duress, factual disputes, honest and reasonable mistake, wrongful identification, lack of intent, and mental impairment.
Have you been accused of Trafficking in a Drug of Dependence? You should get in contact with us to arrange a conference to speak with one of our experienced criminal defence lawyers. Our lawyers can give you confidential legal advice.
Police Interview
The police will interview you about an allegation of Trafficking if they believe you are guilty. They will normally have gathered all the evidence they need to charge and prosecute you, but will not reveal what material they have gathered. The police hope to get admissions or information from you to help them prove you are guilty. It is worth noting that anything you tell the police during the interview can appear in the brief of evidence.
You must prioritise speaking with one of our lawyers before you speak with the police. You may want to ask:
- Should I answer their questions?
- Do I have to give them access to my mobile phone?
- Can I answer some questions and say ‘no comment’ to others?
The answers to these questions can determine how you run your case in court.
You can also choose to have one of our lawyers attend the police interview with you. You may feel more comfortable having someone there on your side.
Pleading Not Guilty
You can contest your charges if you deny that you Trafficked a Drug of Dependence. It is always best to contact us early so that one of our lawyers can work on a strategy for you. There will be disclosure material that must be requested which may demonstrate that the police have incorrectly charged you.
Our lawyers will analyse the brief of evidence and look for any flaws which can be highlighted in court. Our lawyers will also keep you informed about your case so that you know exactly what is happening.
Pleading Guilty
If you decide to plea guilty to Trafficking a Drug of Dependence, our lawyers will advise you of the consequences so you are not caught by surprise. Our lawyers will also advise you of all the things you should do before your plea hearing to get the best possible outcome. These things include gathering character references and completing drug counselling.
Our lawyers have represented many people who pleaded guilty to Trafficking a Drug of Dependence. Our lawyers know what submissions work.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 71AC(1) — 874 charges across 262 cases, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 81.1% |
| Community Correction Order | 10.5% |
| Other | 6.8% |
| Fine | 0.9% |
| Youth Justice Centre Order | 0.7% |
These statistics indicate a strong likelihood of imprisonment when this offence is dealt with in the higher courts. This reflects the seriousness of matters that proceed to these courts, although the final sentence will depend on the specific facts of each case and the offender’s circumstances.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 71AC(1) — 390 charges across 346 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 44.1% |
| Community Correction Order | 32.6% |
| Fine | 15.1% |
| Adjourned Undertaking | 6.9% |
| Other | 1.3% |
These figures show that imprisonment is a significant possibility for this offence, although a substantial number of matters are dealt with through community orders or other non-custodial outcomes depending on the seriousness of the offending and the individual circumstances involved.
Which court will the case be heard in?
Trafficking in a drug of dependence is an indictable offence but it can be heard summarily – at the Magistrates’ Court.
Examples of Trafficking in a Drug of Dependence
- You think you are being a good mate, and you bulk buy 20 pingers from your dealer to sell to your friends at an upcoming festival. You are caught entering the festival with 20 pills.
What is the legal definition of Trafficking in a Drug of Dependence?
Subject to subsection (2), a person who, without being authorized by or licensed under this Act or the regulations, the Access to Medicinal Cannabis Act 2016 or the regulations under that Act or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence.
Legislation
It is a criminal offence to traffick in a drug of dependence based on section 71AC of the Drugs, Poisons and Controlled Substances Act 1981.
Elements of the Offence
To prove this offence the Prosecution must show that the accused intentionally trafficked or attempted to traffick in a drug of dependence.
The law surrounding this simple proposition can be very complex. As an example, a person can be found guilty of trafficking even though they did not know the substance being trafficked was a drug of dependence. It is also the sort of charge where a person who has brought an amount to share amongst their friends can be found guilty even when there was no intention to profit from the transaction.
Given the complexity of drug law you should ring us and discuss your case if you have been charged.
Can they prove you were trafficking?
Defences
Defences to this charge can be:
- Duress
- Factual disputes
- Honest and reasonable mistake
- Wrongful identification
- Lack of intent
- Mental impairment
Questions in cases like this
- Is there evidence that you are trafficking, such as text messages or large amounts of cash?
- Can the police show that you were in possession of the drugs?
- Are the items actually drugs of dependence?
Maximum penalty for section 71AC of the Drugs, Poisons and Controlled Substances Act 1981
The maximum penalty for Trafficking in a Drug of Dependence (s71AC of the Drugs, Poisons and Controlled Substances Act 1981) is level 4 imprisonment (15 years maximum).
Other important resources
- SACStat Higher Courts – Drugs, Poisons And Controlled Substances Act 1981 (Vic): s 71AC – trafficking in a non-commercial quantity of a drug of dependence
- VCC summaries – trafficking in a drug of dependence: Sentencing decisions from 1 January 2016 to 31 May 2018, arranged by severity of total effective sentence
- SAC Statistics – Drugs, Poisons And Controlled Substances Act 1981 (Vic): s 71AC – trafficking cannabis
- SAC Statistics – Drugs, Poisons And Controlled Substances Act 1981 (Vic): s 71AC – trafficking cocaine
- SAC Statistics – Drugs, Poisons And Controlled Substances Act 1981 (Vic): s 71AC – trafficking ecstasy
