Trafficking in a Drug of Dependence is an indictable offence in Victoria. This is defined in Section 70 of the Drugs Poisons and Controlled Substances Act as:
- Manufacturing a drug of dependence
- Preparing a drug of dependence for sale
- Selling, offering or agreeing to sell, exchanging or having possession of a drug of dependence for sale
Any person found guilty of any form of drug trafficking potentially faces very serious consequences.
The maximum penalties for Trafficking in a Drug of Dependence are as follows:
- The amount of drugs trafficked is less than a “Commercial Quantity” – up to 15 years’ imprisonment
- “Commercial Quantity” – up to 25 years’ imprisonment
- “Large Commercial Quantity” – life imprisonment
Schedule 11 to the Drugs Poisons and Controlled Substances Act defines the different traffickable, commercial and large commercial quantities. This varies according to the type of drug or combination of drugs in question.
What does the Legal Process Involve?
Those who are charged with trafficking in a commercial or large commercial quantity of drugs of dependence typically have their trial heard in the County Court. Where very large commercial drug quantities are involved, this may be heard in the Supreme Court.
It is up to the prosecution to prove beyond reasonable doubt all three of the following:
- The accused either trafficked or had attempted to traffic in a drug of dependence
- That the accused had trafficked the drug intentionally
- That the substance that had been trafficked was a drug of dependence
As well as these three elements, for the charge of trafficking a commercial quantity or large commercial quantity, the intention to traffic that quantity must also be proven.
Why Engage Furstenberg Law?
Trafficking of drugs is a far-reaching indictment. Frequently, evidence is based on text messages, recorded telephone conversations, and other communications. Engaging a highly experienced criminal lawyer is the first vital step. If you have been charged with this offence, this must be done as fast as possible.
At Furstenberg Law, we can help by advising you about every step of the legal process, carefully analysing your case, devising a strategy, navigating complex and technical briefs of evidence, and providing powerful defence for you. Our eye for detail and expert knowledge means you are in capable hands. We will work with you to arrive at the best possible outcome for your case.
Contact us right now on (03) 9131 2000.