Sale/Trafficking in a Controlled Drug Key Facts

Maximum Penalty

  • fine of $500,000 or imprisonment for life or both

Possible Defences

  • were under duress;
  • have a factual dispute;
  • had a lack of intention;
  • Identification dispute;
  • Didn’t have possession; or
  • Suffer from a mental impairment.

What Is Sale/Trafficking in a Controlled Drug?

A person who traffics a controlled drug or plant is guilty of an offence. Controlled drugs include but are not limited to substances such as ecstasy, cocaine, and heroine.

Furthermore it is an offence to traffic controlled drugs or plants in a prescribed area (such as licensed premises or public areas (e.g., festivals)).

The penalty structure will depend on the quantity of the drug. 

What Is The Penalty For Sale/Trafficking in a Controlled Drug?

The penalties depend on the amount of the controlled drug found:-

  • Large Commercial quantity: $500,000 or imprisonment for life or both
  • Commercial quantity: $200,000 or imprisonment for 25 years or both
  • Less than commercial quantity: $50,000 or imprisonment for 10 years or both
  • Traffic in a prescribed area: $75,000 or imprisonment for 15 years or both

What Are The Possible Defences For Sale/Trafficking in a Controlled Drug?

It may be a defence to the charge that you:

  • were under duress;
  • have a factual dispute;
  • had a lack of intention;
  • Identification dispute;
  • Didn’t have possession; or
  • Suffer from a mental impairment.

What The Prosecution Must Prove

The police must prove that you:

  • sold the drug; or
  • had possession of the drug with the intention to sell; or
  • took part in the process of sale.

There are two elements to prove possession:

  • being in physical control of the drug, and
  • knowledge (or intention) of having the drug.

There needs to be either the act of selling or taking part in selling or possession with the intention to sell.

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

Cannabis

Cannabis

Reference: 1400542

Trafficking Methylamphetamine

Trafficking Methylamphetamine

Reference: 1500569

Trafficking in a Controlled Drug

Trafficking in a Controlled Drug

Reference: 1500054

Trafficking in a Commercial Quantity of a Controlled Drug

Trafficking in a Commercial Quantity of a Controlled Drug

Reference: 1600429

Trafficking Ecstasy

Trafficking Ecstasy

Reference: 1600725

Trafficking Ecstasy

Trafficking Ecstasy

Reference: 1800120

Need help?
Just get in touch.

Call us on (08) 8110 7900 to make an appointment with one of the knowledgeable lawyers for assistance with your matter.