Trafficking in a Drug of Dependence to a Child
‘Trafficking in a Drug of Dependence to a Child’ is an offence contrary to s 71AB of the Drugs, Poisons and Controlled Substances Act 1981 (the Act).
The range of behaviour covered by a trafficking charge can be quite wide and so, inevitably, will be the sentencing range open to a magistrate or judge.
Examples of Trafficking in a Drug of Dependence to a Child
- Selling a drug of dependence to a child under 18 years old.
- Manufacture a drug of dependence for a child under 18 years old.
- Exchanging a drug of dependence to a child under 18 for something of value.
What is the legal definition of Trafficking in a Drug of Dependence to a Child?
The Drugs, Poisons and Controlled Substances Act 1981 (Vic) defines trafficking as any of the following:- Preparing a drug of dependence for trafficking,
- Manufacturing a drug of dependence, or
- Sell, exchange, agree to sell, offer for sale, or have in possession for sale, a drug of dependence.
“Can the Prosecution prove that you exchanged a drug of dependence for something else or money?”
Legislation
The law for this offence can be found on section 71AB of the Drugs, Poisons and Controlled Substances Act 1981.Questions that a Judge will ask the jury to consider
- Are you satisfied that the victim is a child?
- Are you satisfied that the accused exchanged or sold the drug of dependence?
- Are you satisfied that the substance was in fact a drug of depenedence?
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 to a child (a person under 18 years of age).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 that the substance being trafficked to a child 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.
The difference from supplying a drug to a child and trafficking to them is that trafficking is more serious as it involves a commercial element (i.e. the accused is profiting from their behaviour).
Defences to this charge can be:
- A belief that the child was over 18 at the time of the alleged offending
- The accused was a child themselves at the time of the offending
- Duress
- Factual disputes
- Honest and reasonable mistake
- Wrongful identification
- Lack of intent
- Mental impairment
Questions in cases like this
- Was the person a child under 18 years of age?
- Was the substance in fact a drug of dependence?
- Was there a commercial element to the transaction?
The maximum penalty for Trafficking in a Drug of Dependence to a Child (s71AB of the Drugs, Poisons and Controlled Substances Act 1981) is 20 years imprisonment.
Penalties Available
This charge has a maximum penalty of 20 years imprisonment.
If a person trafficks or attempts to traffick in a drug of dependence to a child at a school or in a public place within 500 metres of a school, the maximum penalty is 25 years imprisonment.
