Have you been Charged with Trafficking a Drug/s 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 Trafficking a Drug/s of Dependence?
A charge of trafficking in a drug of dependence under Section 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (“DPCSA”) refers to the illegal act of selling, distributing, or attempting to sell or distribute a drug of dependence without proper authorisation or licensing. This includes engaging in any activity where the accused is involved in the movement or supply of drugs to others, often for financial gain.
There are two key scenarios under this law:
- Standard Trafficking: A person who traffics or attempts to traffic a drug of dependence without the required authorisation commits an indictable offence, punishable by up to 15 years imprisonment (level 4).
- Trafficking Near a School: If the trafficking occurs at a school or within 500 meters of a school, the offence is considered more serious and carries a higher penalty of up to 20 years imprisonment (level 3).
What does the prosecution have to establish?
- You knowingly trafficked or attempted to traffic a specific substance; and
- The substance in question was a drug of dependence, as defined under Section 4 of the DPCSA.
The penalties for this offence are:
- Up to 15 years of imprisonment (Level 4) for trafficking in a drug of dependence.
- If the offence occurs at a school or within 500 meters of a school, the penalty increases to a maximum of 20 years (Level 3 imprisonment).
Where will my case be heard?
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Cases involving trafficking in a drug of dependence are typically heard in the Magistrates’ Court.
Factors and Defences to consider:
- Did you intentionally traffic or attempt to traffic a particular substance?
- Was that substance a drug of dependence according to Section 4 of the Act?
- What drugs have you been charged with trafficking?
- What were the circumstances in which you were charged?
- Did you act alone, or was anyone involved?
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
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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 an offence of trafficking a drug of dependence, the next crucial step is to seek expert legal advice from a law firm like MK Law. You will have an initial consultation with a lawyer to discuss the specifics of your case, share relevant details, and ask questions about the legal process.
The lawyer will assess the facts, evaluate the evidence against you, and inform you about potential outcomes and penalties. If you choose to proceed with MK Law, they will represent you throughout the legal proceedings, prepare necessary documents, and communicate with the prosecution. Together, you will develop a defence strategy, which may involve challenging the evidence or discussing mitigating factors.
Your lawyer will guide you through court appearances, advocate for the best possible outcome—whether through negotiation or trial—and provide ongoing support and updates throughout the process. Engaging a knowledgeable legal team is essential for effectively navigating the complexities of your case and protecting your rights. Call 1800 130 120 to receive confidential and expert advice today.
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- marcus@mklawfirm.com.au