Trafficking a Drug of Dependence

Question 1

what is the offence section for trafficking in a DOD

Answer 1

Trafficking in a Drug of Dependence (s71AC).

Drugs, Poisons and Controlled Substances Act 1981

Question 2

what 2 elements must prosecution prove that this crime has been committed BRD

Answer 2

• One - the accused intentionally [committed an act/carried on a business] of trafficking.
• Two - the accused intentionally trafficked in a drug of dependence.

[If it is alleged that the accused trafficked in a commercial or large commercial quantity, or to a child, add the following]

• Three - the accused intentionally trafficked [in not less than a commercial/ large commercial quantity of that drug/to a child].

Question 3

explain the first element to the offence of trafficking DOD

Answer 3

the nature of the first element will depend on the act[s] of trafficking alleged. i.e. SEMOA PPC

• sold
• exchanged
• manufactured
• offered to sell
• agreed to sell
• prepared for trafficking
• possessed for sale
• conducted a business of trafficking

The judge should insert one or more of the additional charges from the list below, as is relevant to the circumstances of the case.]

• Selling, Exchanging or Manufacturing a Drug of Dependence;
• Offering or Agreeing to Sell a Drug of Dependence;
• Preparing a Drug of Dependence for Trafficking;
• Possessing a Drug of Dependence for Sale;
• Conducting a Business of Trafficking (Giretti trafficking)

Question 4

explain the 2nd element to the offence of trafficking DOD

Answer 4

The second element that the prosecution must prove beyond reasonable doubt is that the accused intentionally trafficked in a drug of dependence.

There are two parts to this element. The prosecution must prove that the substance allegedly trafficked by the accused was a drug of dependence. They must also prove that the accused intended to traffick in a drug of dependence.