Have you been charged with Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence?
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Ice Epidemic in Victoria
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Unauthorised Possession of Poison or a Controlled Substance
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Manufacturing Heroin
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Trafficking a Drug of Dependence in a Large Commercial Quantity
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Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
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Trafficking a Drug/s of Dependence in a Commercial Quantity
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Trafficking a drug/s of Dependence to a Child
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Trafficking a Drug/s of Dependence
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Supplying a Drug/s of Dependence to a Child
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Possession of Tablet Press
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Possession of Chemical Precursor Chemicals
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Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
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Cultivation of Narcotic Plants
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Drug of Dependence into the Body of Another Person
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Obtaining Drugs of Dependence by False Representation
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With Use or Possession of a Drug of Dependence
What Does It Mean to Be Charged with Possession of a Substance, Material, Documents, or Equipment in Relation to Trafficking a Dependent Drug?
Being charged with possession of a substance, material, documents, or equipment for trafficking in a drug of dependence under section 71A of the Drugs, Poisons and Controlled Substances Act 1981 (“DPCSA”) means that a person is accused of possessing specific items with the intent to use them for drug trafficking without the proper authorisation or license.
Key Considerations of Section 71A:
- Unauthorised Possession: The law specifies that the individual must not be authorised or licensed to possess these items under relevant legislation. This applies not just to the drug itself but also to related materials or equipment.
- Types of Possession:
- Substance: Refers to the actual drug of dependence.
- Material: Includes any physical items related to drug trafficking.
- Documents: May contain instructions or information on how to prepare, cultivate, or manufacture drugs.
- Equipment: Refers to tools or devices that could be used in the trafficking process.
The Prosecution Must Establish the Following:
- You intentionally trafficked or attempted to traffic a specific substance.
- The substance in question was a drug of dependence, as defined in Section 4 of the DPCSA.
- You possessed a substance, material, documents, or equipment with the intent to traffic or prepare to traffic in a drug of dependence.
Penalties Relating to an Offence of Possession of Substances, Materials, Documents, or Equipment for Trafficking in a Drug of Dependence:
The maximum penalty for this offence is level 5 imprisonment, which carries a sentence of up to 10 years.
Where Will My Case Be Heard?
Charges related to possession of substances, materials, documents, or equipment for trafficking in a drug of dependence can be heard in the Magistrates’ Court or, in some instances, the County Court.
Factors and Defences to consider:
- Which substances, materials, documents, or equipment were you in possession of?
- Did you have authorisation to possess such substances, materials, documents or equipment?
- Did these substances, materials, documents, or equipment specifically relate to trafficking a drug of dependence?
- Is this a drug of dependence according to Section 4 of the Act?
- Did you act alone, or was anyone else involved?
-
Ice Epidemic in Victoria
-
Unauthorised Possession of Poison or a Controlled Substance
-
Manufacturing Heroin
-
Trafficking a Drug of Dependence in a Large Commercial Quantity
-
Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
-
Trafficking a Drug/s of Dependence in a Commercial Quantity
-
Trafficking a drug/s of Dependence to a Child
-
Trafficking a Drug/s of Dependence
-
Supplying a Drug/s of Dependence to a Child
-
Possession of Tablet Press
-
Possession of Chemical Precursor Chemicals
-
Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
-
Cultivation of Narcotic Plants
-
Drug of Dependence into the Body of Another Person
-
Obtaining Drugs of Dependence by False Representation
-
With Use or Possession of a Drug of Dependence
Testimonials
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St Kilda, Victoria 3182
1800 130 120
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I want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experienc... Read MoreI want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experience in court. I liked his professionalism, preparation, confidence and attention to details. He explained everything clearly, guided me step by step, and fought for the best possible outcome for me. With him handling my case, it gave me a peace of mind during a very stressful time. The outcome spoke volumes about his expertise, and I would highly recommend them to anyone in need of strong legal representation. Read Less55/5
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
What happens next?
If you are charged, it is essential to seek legal representation immediately. Your lawyer at MK Law will review the details of your case, assess the evidence, and help you understand your rights and options. They will guide you through the legal process, including preparing your defence strategy and representing you in court.
It’s crucial to provide your lawyer with all relevant information and documentation to strengthen your case. Engaging a knowledgeable legal team is vital for effectively navigating the complexities of the charges and ensuring your rights are protected. Call 1800 130 120 for confidential and expert advice today.
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- 1800 130 120
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