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s71B Supply of Drug of Dependence to a Child

Home / Offences / Drug Offences / s71B Supply of Drug of Dependence to a Child

Contents of this page

Have you been charged with Supply of Drug of Dependence to a Child?

If so, there are some questions you should consider in relation to your charge. Can the prosecution make out their case? What was the alleged drug of dependence? Did you believe the child was 18 years of age or older?

An experienced criminal law practitioner may be able to help you prepare a defence in relation to your charge. Please read below for more information in relation to this charge.

The offence

Section 71B of the Drugs, Poisons and Controlled Substances Act 1981

The prosecution must prove:

  1. that the defendant supplied or attempted to supply a particular substance;

  1. that it was a drug of dependence that the accused supplied or attempted to supply. A drug of dependence is defined in Section 4 of the Drugs, Poisons and Controlled Substances Act 1981 and can include heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, ketamine etc; and

  1. that the defendant supplied or attempted to supply a drug of dependence to a child.

The maximum penalty

Level 3 imprisonment being 20 years, a maximum of 1600 penalty units, or both.

Where will my case be heard?

Supply of Drug of Dependence to a Child will usually be heard in the Magistrates’ Court.

What to do next?

If you were to be convicted, Supply of Drug of Dependence to a Child could carry a term of imprisonment of 20 years. You should seek urgent legal representation in order to deal with your matter. Contact an experienced criminal lawyer today.

The legislation

S71B Supply of Drug of Dependence to a Child

  1. Subject to subsection 1A, 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.

1A. 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 at a school or in a public place within 500 metres of a school 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 at a school or in a public place within 500 metres of a school 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 1600 penalty units or level 3 imprisonment (20 years maximum) or both.

  1. Despite section 70(2), in this section supply has the same meaning as in section 4(1) of this Act.

  1. 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.

  1. 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.

Drug Charges

Drugs, Poisons and Controlled Substances Act 1981

Ice Offence – Drug Charges – Ice Epidemic Victoria

s36B Unauthorised Possession etc. of Poison or Controlled Substance etc.

s56 Manufacture of Heroin etc.

s71 Trafficking in a Drug or Drugs of Dependence – Large Commercial Quantity

s71A Possession of Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence

s71AA Trafficking in a Drug or Drugs of Dependence – Commercial Quantity

s71AB Trafficking in a Drug of Dependence to a Child

s71AC Trafficking in a Drug of Dependence

s71B Supply of Drug of Dependence to a Child

s71C Possession of Tablet Press

s71D Possession of Precursor Chemicals

s72 Cultivation of Narcotic Plants – Large Commercial Quantity

s72A Cultivation of Narcotic Plants – Commercial Quantity

s72B Cultivation of Narcotic Plants

s73 Possession of a Drug of Dependence

s74 Introduction of a Drug of Dependence into the Body of Another Person

s75 Use of Drug of Dependence

s78 Obtaining Drugs of Dependence etc. by False Representation

Case Studies

CCO Result for Drug Trafficking Victoria

Conduct Endangering Life

Cultivate Cannabis Charges

Diversion Application

Drink & Drug Driving Charges

Drug Court Dandenong Charges

Drug Trafficking Charges Dandenong

Drug Trafficking Charges Geelong

Drug Trafficking for Profit Appeal

Drugs – Marketable Quantity of Heroin

Geelong Drug Trafficking Case Study

Trafficking Cannabis

Trafficking Drug of Dependence Ecstasy

Trafficking Methamphetamine

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Eureka House
11 Lydiard Street South
Ballarat VIC, 3350

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7/2 Nelson St
Ringwood VIC 3134

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1a/147 Foster St
Dandenong, VIC, 3175

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Level 1, 441 South Rd
Moorabbin, Vic, 3189

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2/13 Fenwick Street
Geelong Vic 3220

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StartNorth at Townhall
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