Drug Offences – VIC

Welcome to the VIC Possession of substance etc for trafficking in a drug of dependence article page. Everything you need to know about Possession of substance etc for trafficking in a drug of dependence according to VIC law.

What the Law States according to VIC Law for Possession of substance etc for trafficking in a drug of dependence

According to VIC Law for the charge of Possession of substance etc for trafficking in a drug of dependence,

Drugs, Poisons and Controlled Substances Act 1981 – SECT 71A
Possession of substance, material, documents or equipment for trafficking in a drug of dependence

71A. Possession of substance, material, documents or equipment for trafficking in a drug of dependence

(1) A person who, without being authorised by or licensed under this Act or the regulations to do so, possesses a substance, material, document containing instructions relating to the preparation, cultivation or manufacture of a drug of dependence or equipment with the intention of using the substance, material, document or equipment for the purpose of trafficking in a drug of
dependence is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) Nothing in this section is limited by section 71C.

(3) Nothing in this section is limited by section 71D.

The Maximum Penalty – Possession of substance etc for trafficking in a drug of dependence

According to VIC Law for the charge of Possession of substance etc for trafficking in a drug of dependence, 10 years imprisonment.

What the Police must prove according to VIC Law for Possession of substance etc for trafficking in a drug of dependence

(a) The accused was in possession of a substance, material or document containing instructions, relating to preparation cultivation or manufacture of a drug of dependence or of equipment.

(b) The accused intended to use the substance, material, document or equipment for the purpose of trafficking in a drug of dependence.

(c) The accused was not authorised or licensed under the Drugs Poisons and Controlled Substances Act to do so.

Possible Defences under VIC Law – Possession of substance etc for trafficking in a drug of dependence

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent
(f) Mental impairment

In VIC which court will hear the matter – Possession of substance etc for trafficking in a drug of dependence

County Court

 

Date: 09/01/2009