Drug Offences – VIC

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

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

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

Drugs, Poisons and Controlled Substances Act 1981 – SECT 71AB
Trafficking in a drug of dependence to a child

71AB. Trafficking in a drug of dependence to a child

A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence to a child is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).

The Maximum Penalty – Trafficking in a drug of dependence to a child

According to VIC Law for the charge of Trafficking in a drug of dependence to a child, 20 years.

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

(a) The accused intentionally trafficked or attempted to traffick a drug of dependence.

(b) The accused intentionally trafficked to a person who was under 18 at the time.

(c) The prosecution does not have to prove that the accused was not authorized by or licensed under the Act or regulations to traffick.

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

(a) Belief that the child was over the age of 18 years at the time of the alleged offence
(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 of the alleged offence

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

Magistrates’ Court

 

Date: 09/01/2009