Trafficking in a Drug of Dependence to a Child

by Doogue O'Brien George Criminal Defence Lawyers

 

The Maximum Penalty for “Trafficking in a Drug of Dependence to a Child” in Melbourne – How Serious is This Offence?

Courts may impose a maximum penalty of 20 years imprisonment on offenders convicted of “Trafficking in a Drug of Dependence to a Child”. This typically only occurs when the offending is considered to be one of the worst examples of the charge and in most cases a lighter penalty is likely to be imposed. “Trafficking in a Drug of Dependence to a Child” can be considered a moderate form of offending as it is handled by the Magistrates’ Court. But like other criminal behaviours, this offence is still a serious offence especially with the possibility of years of imprisonment when guilt is established in Court.

 

The legislation on “Trafficking in a Drug of Dependence to a Child”

Section 71AB of Drugs, Poisons and Controlled Substances Act 1981 is the relevant legislative provision for “Trafficking in a Drug of Dependence to a Child”. It reads:

                                                            

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).

 

Pleading guilty or not guilty to “Trafficking in a Drug of Dependence to a Child” in a Melbourne Court

Deciding whether you should plead guilty or not guilty to a charge of “Trafficking in a Drug of Dependence to a Child” must be carefully discussed with a criminal defence solicitor. Conviction for this charge is likely to carry severe consequences that you can avoid, or at least minimise, if properly referred to a lawyer. Act fast and make sure that you have the best defence in Court.

 

Elements of the charge of “Trafficking in a Drug of Dependence to a Child” in a Melbourne Court

Prosecutors must establish in Court that the defendant intentionally trafficked, or attempted to traffic, a drug of dependence to a person. This person must be a child – someone below 18 years of age. Note that prosecutors do not have to prove whether the defendant was licenced or authorised under the Act for trafficking when the alleged offence occurred.

 

Defending the charge of “Trafficking in a Drug of Dependence to a Child” in a Melbourne Court

Defences that are often run in relation to this charge are factual errors, honest and reasonable mistake of belief, lack of intent, identification dispute, duress, and mental impairment. If the defendant was less than 18 years of age when the alleged offending occurred, this can also be a defence against the charge.

 

For more information on “Trafficking in a Drug of Dependence to a Child”, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).

 

Doogue O’Brien George Melbourne can provide you more details about this

Our Head Office is at 5/221 Queen Street, Melbourne         

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

 

This article was written on Sep. 18 2013 and relates to the law as it stands at this time.    

 



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