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Procuring a Child to Pre-Traffic a Controlled Precursor

Procuring a child to pre-traffic a controlled precursor

Is an offence under section 309.11 of the Criminal Code Act 1995 (Cth)

Which carries a maximum penalty of 25 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You procured a person to pre-traffic a substance
  2. The person was a child
  3. The substance was a controlled precursor, and
  4. You knew, or were reckless as to whether, the substance was a controlled precursor

Controlled precursors include:

Ephedrine, pseudoephedrine or phenylpropanolamine

Phenylacetic acid, Phenyl-2-propanone and 3,4-Methylenedioxyphenyl-2-propanone

Piperonal and Isosafrole

To ‘procure’ is to persuade or cause

You procured a person to pre-traffic a substance if you persuaded or caused the person

To sell the substance believing that the person to whom it was sold

Intended to use any of it to manufacture a controlled drug

You were ‘reckless’ if you were aware it was likely that the substance was a controlled precursor

But went ahead with your actions regardless

A ‘child’ is a person under the age of 18 years

Duress and necessity are defences to the charge.

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