Have you been charged with Introducing a Drug of Dependence into the Body of Another Person?
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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 Introducing a Drug of Dependence into the Body of Another Person?
Being charged with introducing a drug of dependence into the body of another person under Section 74 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) (“DPCSA”) involves serious legal implications. This legislation makes it illegal for an individual to introduce, or attempt to introduce, a drug of dependence into another person’s body without proper authorisation or licensing.
The core of the charge revolves around the act of administering or attempting to administer a drug classified as a drug of dependence to another person. This could include any method of introduction, such as injection, inhalation, ingestion, or application to the skin.
The individual must not be authorised by law to perform such an act. This means that only those with specific licenses or legal permissions (like medical professionals) can lawfully administer drugs of dependence to others.
What is a Drug of Dependence?
A drug of dependence is defined in Section 4 of the Drugs Act and can include heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, ketamine etc.
What does the prosecution have to prove?
To prove an offence under section 74, the following elements must be proved:
- You introduced or attempted to introduce a prohibited substance into the body of another person without lawful excuse.
- You did so with a drug of dependence.
Penalties for Introducing a Drug of Dependence into the Body of Another:
If found guilty of this offence, a person faces significant legal consequences, including:
- A fine of up to 30 penalty units, or
- Level 8 imprisonment, which has a maximum term of 1 year, or
- Both a fine and imprisonment.
Where will my case be heard?
Introduction of a Drug of Dependence into the Body of Another Person is heard in the Magistrates’ Court.
Factors and Defences to consider:
- Did you knowingly or intentionally introduce or attempt to introduce a drug of dependence into another person’s body?
- What was the substance in question? Was it a drug of dependence according to the Act?
- Did you receive consent from the person to whom you introduced the drug of dependence to?
- Did you have authorisation to introduce a drug of substance?
- Do you have any previous convictions of a similar nature?
- What were the surrounding circumstances of your offence?
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-
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
What happens next?
After being charged with Introducing a Drug of Dependence into Another Person’s Body without Lawful Reason, the next step is to seek legal advice. At MK Law, we will guide you through the legal process and provide tailored advice on your options moving forward. Our team will assess your case, review the charges, and examine the evidence to identify any strengths or weaknesses in the prosecution’s case. We will clearly explain your legal rights, potential defences, and the penalties you may face.
Additionally, we will discuss your plea options, whether it’s pleading guilty or contesting the charges, and help you understand any potential plea bargains. If you choose to defend the charges, we will work closely with you to prepare a strong defence strategy, which includes gathering evidence, challenging the prosecution’s case, and exploring all possible defences. We can also negotiate with the prosecution for reduced charges or penalties if appropriate. If your case proceeds to trial, MK Law will represent you in court, advocating for the best possible outcome while ensuring your rights are protected throughout the entire process. Call 1800 130 120 for confidential expert advice today.
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- 1800 130 120
- marcus@mklawfirm.com.au