Drug Trafficking Lawyers in Melbourne

Trafficking a Drug of Dependence

It is an offence to traffick a Drug of Dependence (“trafficking”) in Victoria pursuant sections 71, 71AA, 71AB, and 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (VIC) (the “Drugs Act”). These provisions establish separate standalone trafficking offences, depending on the quantity of the Drug of Dependence in question and the circumstances of the trafficking.

If convicted of trafficking, the maximum penalties for an adult (18 years or over) are:

• 15 years imprisonment;
• 20 years imprisonment for inside or near a school;
• 25 years imprisonment for a commercial quantity; or,
• Life imprisonment for either:
• A large commercial quantity; or,
• A commercial quantity when trafficking for a criminal organization.

The maximum penalty for a person under 18 years old is 20 years imprisonment.

For you to be found guilty of trafficking, the prosecution must prove beyond reasonable doubt, that:

• The substance was a Drug of Dependence
• You intentionally, or attempted to, traffick a Drug of Dependence
• In some cases, the quantity of the Drug of Dependence exceeds the minimum threshold
• In some cases, certain circumstances of the trafficking

What is a Drug of Dependence?

Section 4 of the Drugs Act defines what a drug of dependence is, and a list of these substances can be located in Schedule 11 of the Act. 

Common Drugs of Dependence include (but are not limited to):

• Cannabis plants, 1, 4 (butanediol)
• Cocaine
• Heroin
• GHB
• Ketamine
• ICE (Methamphetamine)

Some prescription drugs such as Valium and oxycodone are considered drugs of dependence.

It is important to note that this definition includes derivatives of these drugs, and that these substances fall within the definition of a drug of dependence even if they are contained within or mixed with another substance.

What is trafficking?

Trafficking involves the preparation, manufacturing, selling or exchanging of a Drug of Dependence, between two or more people, for profit. Common indicators of trafficking, when found along with drugs of dependence, include:

• Scales;
• Tick books;
• Deal bags; 
• Text messages or other social media communications; and
• Money.

Trafficking can be established as a single event, such as selling illicit drugs on a specific occasion, or as a drug dealing business over a specified period of time (known as Giretti trafficking). Giretti trafficking is much more serious than a single event of trafficking.

Quantities

There are two trafficking offences that specify the minimum quantity of the Drug of Dependence that must be trafficked, before you can be found guilty. Those offences are: 

• Trafficking in a large commercial quantity; and,
• Trafficking in a commercial quantity. 

The minimum quantities for these offences can be found in Parts 1, 2 and 3 of Schedule Eleven of the Drugs Act. The minimum quantities reflect situations where the drug is pure, and also where the drug is mixed (for example with a cutting agent). 

The following is a list of common Drugs of Dependence and their minimum quantities:

Circumstances of trafficking

Sometimes, the charge depends on the circumstances of the trafficking. More specific trafficking offences include:

• Trafficking inside or in a public place 500 metres from a school;
• Trafficking to a child;
• A drug dealing business on more than one day (also known as Giretti trafficking referred to above); or,
• Trafficking on behalf of a criminal organization. 

These circumstances make the trafficking conduct more serious, leading to higher penalties. 

Sentencing outcomes

Offences for trafficking usually attract sentences of imprisonment, however, on some occasions such as an offence for trafficking simpliciter, a person may receive a fine or a Community Corrections Order. 

In addition to receiving a sentence, the prosecution can make an application for forfeiture of your property, if it was used in the trafficking. Examples of this include forfeiture of:

• Houses that were used to grow cannabis plants; and,
• Vehicles or boats that were used in the transport of ICE.

Trafficking is a serious charge, in any form, and there are often complex legal arguments involved.

Looking for a drug trafficking lawyer in Melbourne?

Our highly qualified criminal defence lawyers are well versed in dealing with a number of drug offences, such as trafficking charges. With over 35 years of experience, we can provide you with expert legal advice that best helps your current circumstances.

For further assistance, get in touch with the team at Slades & Parsons. Alternatively, you can contact one of our lawyers directly.