Have you been charged with Trafficking in a Drug of Dependence – Large Commercial Quantity?
You should consider some legal defences which can be raised for this charge. Can the prosecution make out their case? Are you authorised to deal with a drug of dependence? Did you traffic the drug? Was it a large commercial quantity?
These are the type of questions an experienced criminal lawyer can help you to answer. This is an extremely serious charge. If found guilty, you could be facing imprisonment for life. Consider the above questions carefully before informing a Court of how you intend to plead.
Please read below for more information in relation to this charge.
Elements of the offence
Section 71 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;
that the defendant intentionally trafficked or attempted to traffic in a quantity of drugs that was not less than a large commercial quantity.
The maximum penalty
Level 1 imprisonment (life imprisonment), in addition to a penalty of no more than 5000 penalty units being a fine set by the Court.
Where will my case be heard?
Trafficking in a Drug of Dependence – Large Commercial Quantity will most often be heard in the Supreme Court, although it can also be heard in the County Court.
What to do next?
Trafficking in a Drug of Dependence – Large Commercial Quantity is a serious indictable offence and can carry the highest possible penalty in Australia. It is important that you contact an experienced criminal lawyer immediately in order to prepare for your matter.
The legislation
Section 71 Trafficking in a Drug of Dependence – Large Commercial Quantity
(1) 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 large commercial quantity applicable to that drug of dependence or those drugs of dependence 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.
(2) The standard sentence for an offence under subsection (1) (other than one constituted by an attempt to traffick) is 16 years.
