Commercial Drug Trafficking is an offence under Section 302.2 of the Criminal Code Act 1995 which carries a maximum penalty of life in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Prepare’ includes to package or separate the substance.
You intentionally trafficked a substance for the purpose of sale if you prepared, transported, guarded, concealed or possessed a trafficable quantity of it unless you are able to prove ‘on the balance of probabilities’ that you did not intend for the substance to be sold or believe it would be sold.
You were ‘reckless’ if you were aware it was likely that the substance was a controlled drug but went ahead with your actions regardless.
Examples of a ‘commercial quantity’ include:
A defence to the charge is ‘duress’, which is where:
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