Trafficking in a drug of dependence is the sort of charge regularly heard in the Magistrates’ Court.
This charge is generally laid in situations where a person trafficks or attempts to traffick in a drug of dependence without being authorized by or licensed to do so under this Act.
In essence to prove this charge the Police must show that the accused intentionally trafficked or attempted to traffick 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 knew the substance being trafficked was not a drug. 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.
The defences to this charge could include a lack of intent or a defence on the basis that the factual circumstances as outlined by the Police are denied.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
The range of behaviour convered by a trafficking charge can be quite wide and so, inevitably, will be the sentencing range open to a Magistrate or Judge.
This is legislation that comes from section 71AC of the Drugs, Poisons and Controlled Substances Act 1981.
Further information on Trafficking in a drug of dependence
In a case of Trafficking in a drug of dependence, the following defences may be applicable to the charge:
- Lack of Intent
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Trafficking in a drug of dependence?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Trafficking in a drug of dependence?
The legislation for this offence can be found on section 71AC of Drugs, Poisons and Controlled Substances Act 1981.
Case studies related to the charge of Trafficking in a drug of dependence:
Media articles related to the charge of Trafficking in a drug of dependence:
- Chief judge blasts home detention for drug dealers
- Hairdresser Michael Mandica avoids jail after admitting to selling ice from his Clarence Park barber shop
- Kenya to Kalgoorlie: Discovering life after drugs thanks to outback rehab
- Australian woman Nguyen Thi Huong, 73, sentenced to death in Vietnam on heroin charges
- Magistrate says VLAD laws can’t be used against an unnamed drug syndicate in landmark court ruling
Links to further information about the charge of Trafficking in a drug of dependence:
You may also visit this page to view sentencing decisions by Victorian County Courts for the offence of Trafficking in a Drug of Dependence.
Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Trafficking in a Drug of Dependence, Shaun Pascoe.