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Trafficking in a drug or drugs of dependence - commercial quantity

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Written by
Josh Taaffe
Criminal Defence Lawyer

Contact Josh Taaffe 

03 9670 5111


Drug Offences - VIC
The Law - Trafficking in a drug or drugs of dependence - commercial quantity

What the Law states - Trafficking in a drug or drugs of dependence - commercial quantity


Drugs, Poisons and Controlled Substances Act 1981 - SECT 71AA

Trafficking in a drug or drugs of dependence-commercial quantity

71AA. Trafficking in a drug or drugs of dependence-commercial quantity

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 quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).

Maximum Penalty in Victoria



25 years

What the Prosecution must prove - Trafficking in a drug or drugs of dependence - commercial quantity - Vic


(a) The accused intentionally trafficked or attempted to traffick a drug of dependence.

(b) The accused trafficked not less than a commercial quantity of the drug of dependence.

(c) The accused intended to traffick not less than a commercial quantity of the drug of dependence.

(d) 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 or drugs of dependence - commercial quantity


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.

Which court will hear the charge of Trafficking in a drug or drugs of dependence - commercial quantity


County Court.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
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