Drug Offences in Victoria - Legal Principles for Trafficking, Cultivation and Possession
In Victoria, the majority of drug related offences are criminalised under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) (the Drugs Act). Offences related to drug trafficking, cultivation and possession can result in severe penalties, including imprisonment. Understanding the legal principles surrounding these offences is crucial to navigate through the potentially stressful and challenging legal procedures.
Understanding the Legal Principles of Drug Trafficking in Victoria, Australia
Drug trafficking is a serious offence in Victoria, Australia. It is defined as the act of knowingly selling, manufacturing, transporting or importing illegal drugs. Some common illegal drugs that fall under the category of drug trafficking include cocaine, heroin and cannabis. The legal principle of drug trafficking is based on the quantity and type of drug, and the level of involvement of the accused in the offence. The penalties for drug trafficking can include imprisonment, fines and community service.
Exploring the Legal Principles of Drug Cultivation in Victoria, Australia
Drug cultivation is another serious offence in Victoria, Australia. It is defined as the act of knowingly growing, harvesting or producing illegal drugs. Common drugs that fall under this category include cannabis, opium and cocaine. The legal principle of drug cultivation is based on the quantity and type of drug being cultivated, and the level of involvement of the accused. Penalties for drug cultivation can include imprisonment, fines and community service.
If you are facing charges related to drug cultivation in Victoria, it is crucial that you contact a legal professional to assist you in navigating through the legal procedures and to help you build your defence.
Drug Related Charges & Offences in Melbourne, Victoria
If you have been accused of drug trafficking in Victoria, it is important that you seek the advice of a legal professional who can guide you through the legal process and help you understand your rights and options.
At Dhillon Legal, our team of expert criminal lawyers has a proven track record of success in defending clients facing drug trafficking charges.
Understanding the Drugs Act in Victoria
The Drugs, Poisons and Controlled Substances Act 1981 (the "Drugs Act") sets out the laws surrounding drug trafficking in Victoria. The Act establishes four trafficking offences, which came into operation on 1 January 2002:
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 dependence.
Prior to 1 January 2002, there was only one trafficking provision (s71), which created uncertainty about whether there was just one offence with aggravating circumstances, or a number of distinct offences. The current provisions were enacted to make it clear that there are a number of distinct trafficking offences.
Elements of a Drug Trafficking Offence
For each of the trafficking offences, the prosecution must prove the following elements beyond reasonable doubt:
That the accused intentionally "trafficked" or "attempted to traffick" in a particular substance; and
That it was a "drug of dependence" that the accused intentionally trafficked or attempted to traffick.
In relation to ss71 and 71AA, the prosecution must also prove that the accused intentionally trafficked or attempted to traffick in a quantity of drugs that was not less than a large commercial or commercial quantity, respectively.
In relation to s71AB, the prosecution must prove that the accused intentionally trafficked or attempted to traffick to a child.
It is important to note that each of the trafficking provisions excludes from their scope people who are authorized or licensed to traffick in a drug of dependence.
Understanding the Definition of "Trafficking"
"Trafficking" is defined in s70(1) of the Drugs Act as including:
Preparing a drug of dependence for trafficking;
Manufacturing a drug of dependence; or
Selling, exchanging, agreeing to sell, offering for sale, or having in possession for sale, a drug of dependence.
It is also possible to rely on the common law definition of trafficking, which includes any act that involves a substance that is prohibited by law.
Protect Your Rights with Experienced Criminal Lawyers Near You
If you have been charged with drug trafficking, it is important to seek the assistance of experienced criminal lawyers who understand the complexities of the law and can provide you with the best possible outcome. At Dhillon Legal, our expert criminal lawyers have a proven track record of success in defending clients facing drug trafficking charges. Contact us today to schedule a consultation.