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Trafficking in a drug of dependence to a child
Trafficking in a drug of dependence to a child
What the Law states - Trafficking in a drug of dependence to a child
Drugs, Poisons and Controlled Substances Act 1981 - SECT 71AB
Trafficking in a drug of dependence to a child71AB. Trafficking in a drug of dependence to a child
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).
Maximum Penalty in Victoria
20 years
What the Prosecution must prove - Trafficking in a drug of dependence to a child - Vic
(a) The accused intentionally trafficked or attempted to traffick a drug of dependence.
(b) The accused intentionally trafficked to a person who was under 18 at the time.
(c) The prosecution does not have to prove that the accused was not authorized by or licensed under the Act or regulations to traffick.
Possible Defences - Trafficking in a drug of dependence to a child
(a) Belief that the child was over the age of 18 years at the time of the alleged offence.
(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 of the alleged offence.
Which court will hear the charge of Trafficking in a drug of dependence to a child
Magistrates' Court.
