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Supply of drug of dependence to a child
Supply of drug of dependence to a child
What the Law states - Supply of drug of dependence to a child
Drugs, Poisons and Controlled Substances Act 1981 - SECT 71B
Supply of drug of dependence to a child71B. Supply of drug of dependence to a child
(1) 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.
(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.
Maximum Penalty in Victoria
15 years
What the Prosecution must prove - Supply of drug of dependence to a child - Vic
(a) The accused, unlicensed to do so, supplied a drug of dependence to a child (under 18 years).
Possible Defences - Supply of drug of dependence to a child
(a) Belief that the child was over the age of 18 years at the time that drug was supplied.
(b) Duress.
(c) Factual dispute.
(d) Honest and reasonable mistake of belief.
(e) Identification dispute.
(f) Lack of intent.
(g) Mental impairment.
(h) The accused was a child (under 18 years) themselves at the time the drug was supplied.
Which court will hear the charge of Supply of drug of dependence to a child
County Court.
