Canberra & the ACT · Drug offences
Drug trafficking charges in the ACT.
Drug trafficking in the ACT sits in the Criminal Code 2002, and the penalty depends almost entirely on the quantity. A trafficable quantity is a serious matter; a large commercial quantity carries life. Quantity, possession for sale, and the strength of the inference are where these matters are won or lost.
- Large commercialLifes 603 Criminal Code 2002 (ACT)
- Commercial25 yearsCommercial quantity
- Trafficable10 yearsTrafficable quantity
- CourtSupreme / MagistratesBy quantity
The ACT offence.
Trafficking is broader than selling. It captures possessing a drug with the intention of selling it, and preparing, transporting or guarding it for sale. The prosecution often relies on the quantity, packaging, scales, cash and messages to invite an inference of an intention to sell. Testing that inference is central to the defence.
Penalties and where the matter is heard.
The penalty is set by the quantity, so the weight and its analysis are examined carefully. The serious tiers are tried in the ACT Supreme Court; the lower tiers can be dealt with in the Magistrates Court. Penalties can be expressed in penalty units as well as imprisonment. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT).
Defences and issues that matter.
Possession for sale, or for personal use.
The intention to sell is frequently the contest. Where the drug was for personal use, the proper charge is possession, which carries a far lower penalty. The quantity, the surrounding items and any admissions are tested against that.
The search and the evidence.
How the drugs were found matters. An unlawful search, or a break in the chain of the exhibits, can affect what the prosecution can rely on.
Quantity and analysis.
The weight and purity, and how they were measured, decide the tier and the penalty. The certificate of analysis is examined.
How the matter is run.
A drug trafficking brief usually turns on the search, the quantity, and the inference of sale from the surrounding evidence. The work is to test the legality of the search, the analysis, and the inference, and to place the matter in the right charge and tier. The serious matters are prepared for trial in the Supreme Court, with counsel briefed where needed.
Frequently asked.
What is the maximum penalty for drug trafficking in the ACT?
It depends on the quantity. Under s 603 of the Criminal Code 2002 (ACT), a large commercial quantity carries life, a commercial quantity 25 years, and a trafficable quantity 10 years. Cannabis under this offence carries up to 3 years.
What does trafficking mean in the ACT?
Trafficking, defined in s 602, includes selling a controlled drug and preparing, transporting, guarding or possessing it with an intention to sell. It is broader than an actual sale.
What is the difference between trafficking and possession?
Trafficking involves selling or an intention to sell. Possession is having the drug for personal use, and it carries a much lower penalty. The intention to sell is often the central issue.
Where is a drug trafficking charge heard in the ACT?
The serious quantity tiers are tried in the ACT Supreme Court. Lower tiers can be dealt with in the Magistrates Court.
Charged with a drug offence in the ACT?
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