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Procuring a child to traffic controlled drugs
Is an offence under section 309.8 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:
Controlled drugs include:
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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