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s71AC Trafficking in a Drug of Dependence

Have you been charged with Trafficking in a Drug of Dependence?

There are some questions you should ask in relation to your charge. Can the prosecution make out their case? Which drugs have you been charged with trafficking? What were the circumstances in which your were charged?

Pleading guilty to Trafficking in a Drug of Dependence can carry large penalties – up to 20 years imprisonment. You will need to consult a solicitor urgently to help you with your matter.

Please read below for more information in relation to this charge.

The offence

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

The prosecution must prove:

  1. that the defendant intentionally trafficked or attempted to traffic in a particular substance; and
  2. that it was a drug of dependence that the accused intentionally trafficked or attempted to traffic. 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.

The maximum penalty

Level 4 imprisonment being 15 years. Level 3 imprisonment being 20 years if it occurs at a school or in a public place within 500 metres of a school.

Where will my case be heard?

Trafficking in a Drug of Dependence will usually be heard in the Magistrates’ Court.

What to do next?

Trafficking in a Drug of Dependence is an indictable offence. It carries a lengthy term of imprisonment if you are convicted. It is important that you make an appointment to see an experienced criminal lawyer straight away to allow as much time as possible to prepare for your matter.

The legislation

S71AC Trafficking in a Drug of Dependence

  1. Subject to subsection (2), a person who, without being authorized by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).

  2. A person who, without being authorised by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, trafficks or attempts to traffick in a drug of dependence at a school or in a public place within 500 metres of a school is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).

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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Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

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Dribbin & Brown

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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
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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