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

Have you been charged with Trafficking in a Drug of Dependence – Large Commercial Quantity?

You should consider some legal defences which can be raised for this charge. Can the prosecution make out their case? Are you authorised to deal with a drug of dependence? Did you traffic the drug? Was it a large commercial quantity?

These are the type of questions an experienced criminal lawyer can help you to answer. This is an extremely serious charge. If found guilty, you could be facing imprisonment for life. Consider the above questions carefully before informing a Court of how you intend to plead.

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

The offence

Section 71 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;

  1. 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;

  1. that the defendant intentionally trafficked or attempted to traffic in a quantity of drugs that was not less than a large commercial quantity.

The maximum penalty

Level 1 imprisonment (life imprisonment), in addition to a penalty of no more than 5000 penalty units being a fine set by the Court.

Where will my case be heard?

Trafficking in a Drug of Dependence – Large Commercial Quantity will most often be heard in the Supreme Court, although it can also be heard in the County Court.

What to do next?

Trafficking in a Drug of Dependence – Large Commercial Quantity is a serious indictable offence and can carry the highest possible penalty in Australia. It is important that you contact an experienced criminal lawyer immediately in order to prepare for your matter.

The legislation

Section 71 Trafficking in a Drug of Dependence – Large Commercial Quantity

(1) 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 quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable—

(a) to level 1 imprisonment (life); and

(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.

(2) The standard sentence for an offence under subsection (1) (other than one constituted by an attempt to traffick) is 16 years.

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
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

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