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Procuring a child to traffic a marketable quantity of controlled drugs
Is an offence under section 309.7 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:
Marketable quantities of controlled drugs include:
At least 0.02 grams but less than 2 grams of LSD
At least 0.5 grams but less than 500 grams of MDMA (or ‘ecstacy’)
At least 2 grams but less than 750 grams of amphetamines or methamphetamines
At least 2 grams but less than 1.5 kilograms of heroin
At least 2 grams but less than 2 kilograms of cocaine, and
At least 25 kilograms but less than 100 kilograms of cannabis
To ‘procure’ is to persuade or cause
You procured a person to traffic a substance if:
When you intended to sell it or believed another person would sell it, or
When you intended to sell it or to assist another to sell it
You were ‘reckless’ if you were aware it was likely that the substance was a controlled drug
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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