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Section 302.2 Criminal Code Act 1995
Trafficking Commercial Quantity of Drugs

Section 302.2 of the Criminal Code Act 1995 (Cth) is Trafficking Commercial Quantity of Drugs and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Trafficking Commercial Quantity of Drugs matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

302.2  Trafficking commercial quantities of controlled drugs

(1)    A person commits an offence if:

(a)    the person traffics in a substance; and

(b)    the substance is a controlled drug; and

(c)    the quantity trafficked is a commercial quantity.

Penalty:    Imprisonment for life or 7,500 penalty units, or both.

(2)    The fault element for paragraph (1)(b) is recklessness.

(3)    Absolute liability applies to paragraph (1)(c).

Note:    Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).

‘Trafficking’ is defined as follows:

(1)    For the purposes of this Part, a person traffics in a substance if:

(a)    the person sells the substance; or

(b)    the person prepares the substance for supply with the intention of selling any of it or believing that another person intends to sell any of it; or

(c)    the person transports the substance with the intention of selling any of it or believing that another person intends to sell any of it; or

(d)    the person guards or conceals the substance with the intention of selling any of it or assisting another person to sell any of it; or

(e)    the person possesses the substance with the intention of selling any of it.

(2)    For the purposes of paragraph (1)(b), preparing a substance for supply includes packaging the substance or separating the substance into discrete units.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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