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Supplying Controlled Drugs to Children for Trafficking

Supplying controlled drugs to children for trafficking is an offence under section 309.4 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 a reasonable doubt that:

  1. You were an adult,
  2. You supplied a substance to a person,
  3. The person was a child,
  4. The substance was a controlled drug,
  5. You knew, or were reckless as to whether, the substance was a controlled drug, and
  6. You believed the child intended to sell any of it.

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.

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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