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Procuring a Child to Pre-Traffic a Marketable Quantity of Controlled Precursor

Procuring a child to pre-traffic a marketable quantity of controlled precursor

Is an offence under section 309.10 of the Criminal Code Act 1995 (Cth)

Which carries a maximum penalty of life 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
  4. You knew, or were reckless as to whether, the substance was a controlled precursor, and
  5. The amount of the substance was a marketable quantity

Marketable quantities of controlled precursors include:

At least 150 grams but less than 750 grams of 3,4-Methylenedioxyphenyl-2-propanone

At least 3.2 grams but less than 1.2 kgs of ephedrine, pseudoephedrine or phenylpropanolamine

At least 400 grams but less than 1.45 kgs of Isosafrole

At least 320 grams but less than 1.6 kgs of Piperonal

At least 675 grams but less than 2.03 kgs of Phenyl-2-propanone, and

At least 1.35 kgs but less than 4.05 kgs of Phenylacetic acid

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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