Supplying Controlled Drugs to a Child
Supplying controlled drugs to a child is an offence under section 309.2 of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 15 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were an adult,
- You supplied a substance to a person,
- The person was a child,
- The substance was a controlled drug, and
- You knew, or were reckless as to whether, the substance was a controlled drug.
Controlled drugs include:
- Amphetamines and methamphetamines,
- MDMA (or ‘ecstacy’),
- Cannabis, cannabis resin and cannabinoids,
- Cocaine and Methylphenidate, and
- Opium, morphine and heroin.
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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