Have you been charged with Trafficking in a Drug of Dependence?
There are some questions you should ask in relation to your charge. Can the prosecution make out their case? Which drugs have you been charged with trafficking? What were the circumstances in which your were charged?
Pleading guilty to Trafficking in a Drug of Dependence can carry large penalties – up to 20 years imprisonment. You will need to consult a solicitor urgently to help you with your matter.
Please read below for more information in relation to this charge.
Elements of Trafficking in a Drug of Dependence
Section 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (the Drugs Act).
The prosecution must prove:
- that the defendant intentionally trafficked or attempted to traffic in a particular substance; and
- 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 Act and can include heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, ketamine etc.
The maximum penalty
Level 4 imprisonment being 15 years. Level 3 imprisonment being 20 years if it occurs at a school or in a public place within 500 metres of a school.
Where will my case be heard?
Trafficking in a Drug of Dependence will usually be heard in the Magistrates’ Court.
What to do next?
Trafficking in a Drug of Dependence is an indictable offence. It carries a lengthy term of imprisonment if you are convicted. It is important that you make an appointment to see an experienced criminal lawyer straight away to allow as much time as possible to prepare for your matter.
The legislation
S 71AC Trafficking in a Drug of Dependence
(1) Subject to subsection (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 drug of dependence is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
(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 drug of dependence at a school or in a public place within 500 metres of a school is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).
