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
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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
- marcus@mklawfirm.com.au