Drug Offences – VIC

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

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

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

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

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

A person who, without being authorized by or licensed under this Act or theregulations 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 large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable-

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

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

According to VIC Law for the charge of Trafficking in a drug or drugs of dependence – large commercial quantity, Life / 5000 penalty units.

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

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

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

(c) The accused intended to traffick in not less than a large commercial quantity.

(d) The prosecution does not have to prove that the accused was not authorized by or licensed under the Act or regulations to traffick. It is necessary for the Crown to prove that the accused had knowledge of the nature of the substance and of the quantity of the substance at the time of the commission of the offence.

Possible Defences under VIC Law – Trafficking in a drug or drugs of dependence – large 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 – large commercial quantity

County Court

 

Date: 09/01/2009