Trafficking in a Drug of Dependence - Statutory Offence : Drugs Poisons & Controlled Substances ACT 1981 - SECT 71AC
Elements Prosecution Must Prove
1. Accused trafficked, or attempted to traffick a drug of dependence.
2. Accused was not authorised or licenced to traffick this drug of dependance.
What is trafficking?
Trafficking generally involves at common law the movement of goods from producer to consumer, where such movement involves a commercial element.
What is a drug of dependence?
A drug of dependence is deemed to be so if it is specified in Schedule Eleven of the act. It is ridiculously broadly defined, and includes the salts, analogues, derivatives and isomers of that drug.
Sentencing
The ultimate sentence for trafficking depends on existence of mitigating and/or aggravating factors. The quantity involved is usually an important factor. In trafficking of a large commercial quantity of drugs, the maximum penalty is life imprisonment. Otherwise, the maximum penalty is 15 years in prison, but none custodial sentences may be possible in certain circumstances.
