Have you been charged with Trafficking in a Drug of Dependence to a Child?
You should consider some legal defences you may be able to raise. Can the prosecution make out their case? Which drugs have you been charged with trafficking? Were you aware of the child’s age at the time of trafficking?
Pleading guilty to Trafficking in a Drug of Dependence to a Child can carry a lengthy term of imprisonment. Before proceeding further, you should consult a solicitor urgently to help you with your matter.
Please read below for more information in relation to this charge.
The offence of Trafficking in a Drug of Dependence to a Child
Section 71AB of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
that the defendant intentionally trafficked or attempted to traffick in a particular substance;
that it was a drug of dependence that the defendant intentionally trafficked or attempted to traffick. 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 traffick to a child.
The maximum penalty
Level 3 imprisonment being 20 years. If the offence occurs at a school or in a public place within 500 metres of a school it is a level 2 imprisonment being 25 years maximum.
Where will my case be heard?
Trafficking in a Drug of Dependence to a Child will usually be heard in the Magistrates’ Court, despite the seriousness of the crime and potential severity of the sentence.
What to do next?
Trafficking in a Drug of Dependence to a Child is a serious indictable offence and you could face 25 years imprisonment if found guilty. It is important that you contact an experienced criminal lawyer straight away to allow plenty of time to prepare for your matter.
The legislation
S71AB Trafficking in a Drug of Dependence to a Child
(1) Subject to subsection (2), a person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence to a child is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).
(2) A person who, without being authorised by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence to a child at a school or in a public place within 500 metres of a school is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
