Drug Offences – VIC

Welcome to the VIC Trafficking in a drug or drugs of dependence – commercial quantity article page. Everything you need to know about Trafficking in a drug or drugs of dependence – commercial quantity according to VIC law.

What the Law States according to VIC Law for Trafficking in a drug or drugs of dependence – commercial quantity

According to VIC Law for the charge of Trafficking in a drug or drugs of dependence – commercial quantity,

Drugs, Poisons and Controlled Substances Act 1981 – SECT 71AA
Trafficking in a drug or drugs of dependence-commercial quantity

71AA. Trafficking in a drug or drugs of dependence-commercial quantity

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 quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).

The Maximum Penalty – Trafficking in a drug or drugs of dependence – commercial quantity

According to VIC Law for the charge of Trafficking in a drug or drugs of dependence – commercial quantity, The maximum penalty for a charge of trafficking in a drug or drugs of dependence – commercial quantity is 25 years imprisonment.

The charge of trafficking in a drug or drugs of dependence – commercial quantity is defined as a significant offence. Significant offences are a new category of offences introduced to the Sentencing Act 1991 by the Sentencing Further Amendment Act 2011. Offenders who commit a significant offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Police must prove according to VIC Law for Trafficking in a drug or drugs of dependence – commercial quantity

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

(b) The accused trafficked not less than a commercial quantity of the drug of dependence.

(c) The accused intended to traffick not less than a commercial quantity of the drug of dependence.

(d) 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 or drugs of dependence – commercial quantity

(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 – Trafficking in a drug or drugs of dependence – commercial quantity

The charge of trafficking in a drug or drugs of dependence – commercial quantity is heard in the County Court.

 

Date: 09/01/2009