Charged with Possession of a Drug of Dependence or Trafficking in a Drug of Dependence?
Possession of a Drug of Dependence - requires the Prosecution to prove beyond reasonable doubt, that the substance in question was a drug of dependence and that you possessed that substance.
There are a number of different ways that the Prosecution can establish you possessed the substance, and if you dispute whether you actually possessed the substance, you should get legal advice straight away.
Trafficking in a Drug of Dependence – requires the Prosecution to prove that you intentionally committed an act or carried on a business of trafficking and that you intentionally trafficked a drug of dependence.
Depending on the quantity of the substance involved and if a child was involved, you might face the following charges found in the Drugs, Poisons and Controlled Substances Act 1981 (Vic):
- Section 71 – Trafficking in a Large Commercial Quantity of a Drug of Dependence
- Section 71AA – Trafficking in a Commercial Quantity of a Drug of Dependence
- Section 71AB – Trafficking in a Drug of Dependence to a Child
- Section 71AC – Trafficking in a Drug of Dependenc
What does Trafficking Mean?
Trafficking can be established by the Prosecution in a number of ways:
- Selling, exchanging or manufacturing a drug of dependence
- Offering or agreeing to sell a drug of dependence
- Preparing a drug of dependence for trafficking
- Possessing a drug of dependence for sale
- Conducting a business of trafficking
There are often disputes about whether particular conduct amounts to trafficking, and in such cases getting legal advice is recommended.
Trafficking offences carry possibility of being sent to prison. The larger the quantity the higher the chance, and prior convictions for trafficking also make your risk much worse.
Small amounts of personal possession will not normally result in you being sent to prison. However, in combination with other matters such as theft, you could face a term of imprisonment.
If you are facing trafficking related charges, it is strongly recommended that you consult an expert criminal lawyer as soon as possible.