Have you been charged with Supply of Drug of Dependence to a Child?
If so, there are some questions you should consider in relation to your charge. Can the prosecution make out their case? What was the alleged drug of dependence? Did you believe the child was 18 years of age or older?
An experienced criminal law practitioner may be able to help you prepare a defence in relation to your charge. Please read below for more information in relation to this charge.
The offence
Section 71B of the Drugs, Poisons and Controlled Substances Act 1981
The prosecution must prove:
that the defendant supplied or attempted to supply a particular substance;
that it was a drug of dependence that the accused supplied or attempted to supply. 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; and
that the defendant supplied or attempted to supply a drug of dependence to a child.
The maximum penalty
Level 3 imprisonment being 20 years, a maximum of 1600 penalty units, or both.
Where will my case be heard?
Supply of Drug of Dependence to a Child will usually be heard in the Magistrates’ Court.
What to do next?
If you were to be convicted, Supply of Drug of Dependence to a Child could carry a term of imprisonment of 20 years. You should seek urgent legal representation in order to deal with your matter. Contact an experienced criminal lawyer today.
The legislation
S71B Supply of Drug of Dependence to a Child
(1) Subject to subsection 1A, a person who, without being authorised by or licensed under this Act or the regulations to do so—
(a) supplies a drug of dependence to a child for the purposes of the supply of that drug of dependence by that child to another person, whether a child or adult; or
(b) supplies a drug of dependence to a child for the use of that drug of dependence by that child—
is guilty of an indictable offence and liable to a penalty of not more than 1000 penalty units or level 4 imprisonment (15 years maximum) or both.
(1A) A person who, without being authorised by or licensed under this Act or the regulations to do so—
(a) supplies a drug of dependence to a child at a school or in a public place within 500 metres of a school for the purposes of the supply of that drug of dependence by that child to another person, whether a child or adult; or
(b) supplies a drug of dependence to a child at a school or in a public place within 500 metres of a school for the use of that drug of dependence by that child —
is guilty of an indictable offence and liable to a penalty of not more than 1600 penalty units or level 3 imprisonment (20 years maximum) or both.
(2) Despite section 70(2), in this section supply has the same meaning as in section 4(1) of this Act.
(3) This section does not apply to a person who supplies a drug of dependence to a child if, at the time of supplying that drug, that person was also a child.
(4) It is a defence to a charge under this section for a person charged to prove that he or she believed on reasonable grounds that the person to whom the drug of dependence was supplied was 18 years of age or older.
