'Trafficking in a Drug or Drugs of Dependence – Commercial Quantity' is an offence contrary to s 71AA of the Drugs, Poisons and Controlled Substances Act 1981 (the Act).
This charge has a maximum penalty of 25 years imprisonment.
Trafficking in a drug or drugs of dependence in a commercial quantity is a very serious offence that will normally result in gaol time if you are found guilty. The higher courts have on several 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 cannot 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.
Elements of the Offence
To prove this offence, the prosecution must show that the accused intentionally trafficked or attempted to traffick in a quantity of a drug of dependence, or of 2 or more drugs of dependence, that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence. This must have been done by the accused without being authorised or licensed to do so under the act.
The law surrounding this simple proposition can be very complex. Given the complexity of drug law, you should ring us and discuss your case if you have been charged.
Defences to this charge can be:
- Factual disputes
- Honest and reasonable mistake
- Wrongful identification
- Lack of intent
- Mental impairment
Case studies related to the charge of Trafficking in a Drug or Drugs of Dependence (Commercial Quantity):
- Reducing Imprisonment Period for Drug Trafficking in a Commercial Quantity
- CCO for Drug Trafficking – Commercial Quantity
- Cultivation of narcotic plants, Trafficking – commercial quantity, Other Charges
- Trafficking in a commercial quantity, committal hearing in the Magistrates’ Court
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.
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.