Trafficking in a drug or drugs of dependence in a large commercial quantity is the type of charge for which people often get lengthy gaol terms. This type of charge is heard in the County Court as it is considered to serious to be heard in the Magistrates Court.
In essence to prove this charge the Prosecution must show that the accused intentionally trafficked or attempted to traffick a drug or drugs of dependence in an amount not less than a large commercial quantity of the drug of dependence. It is necessary for the Prosecution to prove that the accused had knowledge of the nature of the substance and of the quantity of the substance at the time of the commission of the offence.
Defences to this charge are often around the issue of whether the Prosecution can prove the necessart intention to commit the crime alleged.
There are also often defences around factual disputes about what was known by the accused and what they, in fact, did do.
Given the seriousness of the charge 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. The Court of Appeal has said that this is the type of offence which should carry substantial gaol terms. The Court has also said that there is not a gradation of offences where you get a lesser sentence because you have trafficked in marijuana than someone who has trafficked in cocaine or heroine.
This is legislation that comes from section 71 of the Drugs, Poisons and Controlled Substances Act 1981.
Further information on Trafficking drugs of dependence large commercial quantity
In a case of Trafficking drugs of dependence large commercial quantity, 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 drugs of dependence large commercial quantity?
- 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 drugs of dependence large commercial quantity?
The legislation for this offence can be found on section 71 of Drugs, Poisons and Controlled Substances Act 1981.
Case studies related to the charge of Trafficking drugs of dependence large commercial quantity:
Media articles related to the charge of Trafficking drugs of dependence large commercial quantity:
Links to further information about the charge of Trafficking drugs of dependence large commercial quantity:
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 – Large Commercial Quantity.
Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Trafficking in a Drug or Drugs of Dependence – Large Commercial Quantity, Shaun Pascoe.