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Trafficking in a Drug or Drugs of Dependence (Commercial Quantity)

Trafficking in a drug or drugs of dependence in a commercial quantity is a very serious offence that will normally mean that real gaol time if you are found guilty. The higher Courts have on a number of occasions said that a lengthy gaol term should be the starting point for Judges sentencing for this charge.

This type of charge is heard in the County Court and can not be heard in the Magistrates Court. There is a presumption against getting bail for this charge that means that the Court will lock you up unless they believe there are exceptional circumstances that mean you should be released on bail.

This charge is generally laid in situations where a person trafficks or attempts to traffick in a drug or drugs of dependence with an intention to traffick an amount not less than a commercial quantity without being authorized by or licensed to do so under this Act.

Defences to this can be duress, factual dispute, honest and reasonable mistake of belief, wrongful identification, lack of intent or mental impairment. The most commonly run defence related to a lack of the necessary intent to commit the offence. That is that there was no intention to traffick to the amount alleged.

You should ring us and discuss your case if you have been charged as this is a very serious charge.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer. If you are found guilty you may serve a term of imprisonment and so should talk to a lawyer.

This is legislation that comes from section 71AA of the Drugs, Poisons and Controlled Substances Act 1981.

 

Further information on Trafficking in a drug or drugs of dependence (commercial quantity)

Possible Defences

In a case of Trafficking in a drug or drugs of dependence (commercial quantity), the following defences may be applicable to the charge:

Penalties

What penalties can be imposed for a charge of Trafficking in a drug or drugs of dependence (commercial quantity)?

  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Trafficking in a drug or drugs of dependence (commercial quantity)?

The legislation for this offence can be found on section 71AA of Drugs, Poisons and Controlled Substances Act 1981.

Case Studies

Media Articles

Further Info

You may also visit this page to view sentencing decisions by Victorian County Courts for the offence of Trafficking in a Drug or Drugs of Dependence – Commercial Quantity.

 

Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Trafficking in a Drug or Drugs of Dependence – Commercial Quantity.