Drug Offences – VIC

Welcome to the VIC Supply of drug of dependence to a child article page. Everything you need to know about Supply of drug of dependence to a child according to VIC law.

What the Law States according to VIC Law for Supply of drug of dependence to a child

According to VIC Law for the charge of Supply of drug of dependence to a child,

Drugs, Poisons and Controlled Substances Act 1981 – SECT 71B
Supply of drug of dependence to a child

71B. Supply of drug of dependence to a child

(1) A person who, without being authorised by or licensed under this Act or the regulations to do so-

(a) supplies a drug of dependence to a child for the purposes of the supply of that drug of dependence by that child to another person, whether a child or adult; or

(b) supplies a drug of dependence to a child for the use of that drug of dependence by that child-

is guilty of an indictable offence and liable to a penalty of not more than 1000 penalty units or level 4 imprisonment (15 years maximum) or both.

(2) Despite section 70(2), in this section supply has the same meaning as in section 4(1) of this Act.

(3) This section does not apply to a person who supplies a drug of dependence to a child if, at the time of supplying that drug, that person was also a child.

(4) It is a defence to a charge under this section for a person charged to prove that he or she believed on reasonable grounds that the person to whom the drug of dependence was supplied was 18 years of age or older.

The Maximum Penalty – Supply of drug of dependence to a child

According to VIC Law for the charge of Supply of drug of dependence to a child, 15 years.

What the Police must prove according to VIC Law for Supply of drug of dependence to a child

(a) The accused, unlicensed to do so, supplied a drug of dependence to a child (under 18 years).

Possible Defences under VIC Law – Supply of drug of dependence to a child

(a) Belief that the child was over the age of 18 years at the time that drug was supplied
(b) Duress
(c) Factual dispute
(d) Honest and reasonable mistake of belief
(e) Identification dispute
(f) Lack of intent
(g) Mental impairment
(h) The accused was a child (under 18 years) themselves at the time the drug was supplied

In VIC which court will hear the matter – Supply of drug of dependence to a child

County Court

 

Date: 09/01/2009