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Procuring a Child to Traffic Controlled Drugs

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:

  1. You were an adult
  2. You procured a person to traffic a substance
  3. The person was a child
  4. The substance was a controlled drug, and
  5. You knew, or were reckless as to whether, the substance was a controlled drug

Controlled drugs include:

  1. Amphetamines and methamphetamines
  2. MDMA (or ‘ecstacy’)
  3. Cannabis, cannabis resin and cannabinoids
  4. Cocaine and Methylphenidate, and
  5. Opium, morphine and heroin

To ‘procure’ is to persuade or cause

You procured a person to traffic a substance if:

  1. You persuaded or caused the person to sell it
  2. You persuaded or caused the person to prepare it for supply or transportation

When you intended to sell it or believed another person would sell it, or

  1. You persuaded or caused the person to guard or conceal it

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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