Have you been charged with Trafficking in a Drug or Drugs of Dependence – Commercial Quantity?
There are some legal defences which you may be able to raise. You should consider whether the prosecution can make out their case, what drugs you’ve been charged with trafficking, and whether you acted alone or are being charged as a co-accused.
Pleading guilty to Trafficking in a Drug or Drugs of Dependence – Commercial Quantity can carry large penalties, including significant prison time.
You should consult a specialist criminal solicitor to help you with your matter.
Please read below for more information in relation to this charge.
Elements of the offence
Section 71AA of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
that the defendant intentionally trafficked or attempted to traffic in a particular substance;
that it was a drug of dependence that the accused intentionally trafficked or attempted to traffic. A drug of dependence is defined in Section 4 of the Drugs, Poisons and Controlled Substances Act 1981 and can include heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, ketamine etc;
the defendant intentionally trafficked or attempted to traffic in a quantity of drugs that was not less than a commercial quantity.
The maximum penalty
The maximum penalty is level 1 imprisonment being life and a fine of 5000 penalty units.
Where will my case be heard?
Trafficking in a Drug or Drugs of Dependence – Commercial Quantity will either be heard in the County Court or the Supreme Court.
What to do next?
Trafficking in a Drug or Drugs of Dependence – Commercial Quantity is a serious indictable offence and you could be liable to 25 years imprisonment if convicted.
It is important that you contact our office and speak to an experienced criminal lawyer urgently so that your defence can be prepared as thoroughly as possible.
The legislation
Section 71AA Trafficking in a Drug or Drugs of Dependence – Commercial Quantity
(1) Subject to subsection 2, a person who, without being authorised by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
(2) A person who, without being authorized by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence for the benefit of or at the direction of a Criminal organisation is guilty of an indictable offence and liable—
(a) to level 1 imprisonment (life); and
(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.
