Have you been charged with Trafficking a drug/s of Dependence to a Child?
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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 to a Child?
Being charged with trafficking a drug of dependence to a child under Section 71AB of the Drugs, Poisons and Controlled Substances Act 1981 (“DPCSA”) means that a person is accused of either supplying or attempting to supply a drug of dependence to a minor (someone under 18 years old). This is considered a serious offence, and the person charged is facing significant legal consequences.
There are two key scenarios under this law:
- Trafficking to a Child (Subsection 1):
A person who traffics or attempts to traffic a drug of dependence to a child, without proper authorisation, is committing an indictable offence. - Trafficking to a Child near a School (Subsection 2):
If the trafficking or attempted trafficking occurs at a school or within 500 meters of a school, the penalty becomes even more severe.
The prosecution must prove:
- You intentionally trafficked or attempted to traffic a particular substance.
- The substance was a drug of dependence defined under Section 4 of the DPSA.
- You intentionally trafficked or attempted to traffic to a child.
The Penalties for Trafficking a Drug/s of Dependence to a Child:
The penalties for Trafficking in a Drug of Dependence to a Child under Section 71AB vary depending on the circumstances:
- Standard Penalty:
If a person is found guilty of trafficking or attempting to traffic in a drug of dependence to a child, they are liable to a maximum penalty of level 3 imprisonment (up to 20 years). - Aggravated Penalty (near a school):
If the offence occurs at a school or within 500 metres of a school, the maximum penalty increases to level 2 imprisonment (up to 25 years).
Factors and Defences to consider:
Did you have authorisation to possess a drug of dependency?
- What drugs were you charged with trafficking?
- Were you aware you were supplying a child?
- Did you act alone, or was anyone else involved?
- What were the surrounding circumstances of your offence?
Where will my case be heard?
Trafficking in a Drug of Dependence to a Child will usually be heard in the Magistrates’ Court’.
-
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?
After being charged with Trafficking a Drug of Dependence to a Child, the next step is to immediately contact a lawyer, such as MK Law, to schedule an initial consultation. During this meeting, the lawyer will assess the charges, review the evidence, and advise on the best course of action. They will also discuss possible defences, such as whether you were aware you were supplying a child or if there were procedural errors in the case. If you are in custody, the lawyer can apply for bail on your behalf.
Additionally, they may engage in pre-trial negotiations with the prosecution, potentially seeking to reduce the charges or reach a plea deal. Throughout the process, your lawyer will guide you through each stage of your case, helping you prepare for court hearings and ensure that your rights are protected. Ring 1800 130 120 for confidential expert advice today.
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- 1800 130 120
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