Commonwealth Offences – Federal

The Law – Supplying Drugs To Children

What the Law states

Sections 309.2 of the Commonwealth Criminal Code states:

(1) A person commits an offence if:

(a) the person supplies a substance to an individual; and

(b) the individual is a child; and

(c) the substance is a controlled drug; and

(2) Strict Liability applies to paragraph (1)(b)

(3) The fault element for paragraph (1)(c) is recklessness.

Maximum Penalty – Supplying Drugs To Children

The Maximum penalty for the offence of Supplying Drugs to Children is 15 years imprisonment or 3000 penalty units, or both.

What the Police must prove – Supplying Drugs To Children

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

The accused

1. supplied a substance to an individual; and
2. the individual was a child; and
3. the substance is a controlled drug.

the person is taken to have possessed the substance with the intention of using some or all of the substance to manufacture a controlled drug.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences

Possible defences to this offence include but are not limited to:

1. The accused did not supply a substance.
2. The individual was not a child.
3. The accused had a reasonable and honest belief the individual was not a child.
4. The substance was not a controlled drug.

Which court will hear the matter

This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.