Drug trafficking offences can be heard in the Magistrates’ Court for less serious matters, or in the County Court for commercial quantity or higher. At Angus Cameron and Partners, we have represented countless clients facing drug trafficking charges at all levels of the Victorian court system.

Victorian drug trafficking offences are set out in the Drugs, Poisons and Controlled Substances Act 1981 (Vic). This law covers different levels of trafficking, from simple offences to large commercial quantities.

Trafficking isn’t just about selling drugs. It can include manufacturing, preparing drugs for sale, or even possessing drugs with the intent to sell. If you’ve been accused of any of these activities, it’s important to get legal advice quickly.

Elements

You cannot be convicted of drug trafficking unless prosecution proves two elements beyond reasonable doubt: (1) you intentionally trafficked (or attempted to traffick) a substance; and (2) that substance is a drug.

For commercial or large commercial quantity charges, prosecution must also prove: (1) you trafficked a commercial or large commercial quantity of drugs; and (2) you intended to traffick at least that quantity.

Trafficking

Trafficking is defined under both legislation and common law. Section 70 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) defines trafficking as: (1) preparing a drug of dependence for trafficking; (2) manufacturing a drug of dependence; or (3) selling, exchanging, agreeing to sell, offering for sale, or having in possession for sale.

Under common law, "trafficking" has been held to involve the following three elements: (1) an activity performed in a commercial setting (that is, a setting in which it can fairly be inferred that someone involved is making a profit); (2) participation by the alleged trafficker in the progress of goods from source to consumer; and (3) contact between the alleged trafficker and at least one other person.

Sometimes, sophisticated trafficking operations are prosecuted under the Giretti definition, which requires the prosecution to prove that the accused was involved in a continuing trade or business of dealing in drugs, or had engaged on a regular and commercial basis in the transmission of drugs from source to consumer.

Drugs

The definition of drugs includes all substances listed in Parts 1 and 3 of schedule eleven of the Drugs, Poisons and Controlled Substances Act 1981 (Vic). This also includes derivatives, isomers or salts of those substances. The definition also includes fresh or dried plants listed in part 2 of schedule eleven the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

Commercial and large commercial quantities

Commercial and large commercial quantities are set out in schedule eleven of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

Intention to traffick a commercial or large commercial quantity of drugs

It is not enough for prosecution to prove that you actually trafficked in a commercial or large commercial quantity of drugs. In order to prove these charges, they must also prove that you actually intended to traffick that amount.

Defences

Being charged doesn’t mean you’re guilty. There are several legal defences that may apply to your case. The right defence can make all the difference.

Insufficient evidence

In criminal proceedings, it’s always up to police to prove their case beyond reasonable doubt. In many case, police simply don’t have enough evidence to establish that an accused person was involved in trafficking activity. Alternatively, it might be difficult for police to prove that it was you who actually possessed or trafficked the drugs.

Improperly obtained evidence

Where evidence has been obtained improperly or unlawfully, it’s possible to argue it shouldn’t be used in court. For instance, in some cases, police conduct searches without lawful authority and this can lead to the exclusion of evidence. Legal arguments about improperly obtained evidence are always technical, so it’s important to engage a lawyer to assess whether such a defence is open in your case.

Lack of intent

In some commercial and large commercial trafficking cases, it’s possible to argue that you lacked the intent to traffick in a commercial or large commercial quantity of drugs. In cases like this, it's extremely important to consider all available defences because penalties usually involve lengthy prison terms.

FAQs

What is considered a “drug of dependence”?

This includes substances like methamphetamine (ice), cocaine, heroin, and cannabis.

What are the penalties for drug trafficking in Victoria?

Penalties vary depending on the quantity and circumstances. Large commercial quantity offences can lead to lengthy prison terms.

Can I avoid jail for drug trafficking?

Yes. In some cases, alternatives such as community-based orders may be possible, but this depends on the seriousness of the offence and your personal circumstances.

Do I need a lawyer?

Yes. Drug trafficking charges are complex and carry severe consequences. An experienced criminal lawyer can protect your rights and help achieve the best possible outcome.

What is the difference between drug possession and drug trafficking in Victoria?

Possession involves having a drug of dependence in your control. Trafficking is broader — it includes selling, offering to sell, manufacturing, preparing for sale, or possessing drugs with the intention to sell. Trafficking carries significantly heavier penalties than simple possession.

What is a “commercial quantity” of drugs in Victoria?

Commercial quantities are set out in Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and vary depending on the drug. For example, for methamphetamine (ice), a commercial quantity is 50 grams and a large commercial quantity is 500 grams. We can advise you on the relevant threshold for your specific matter.

Is drug trafficking an indictable offence in Victoria?

Trafficking offences can be heard at both the Magistrates’ Court level (for lower-level offences) and the County Court (for commercial and large commercial quantity offences). The charge level determines the court in which the matter is heard.

Can I avoid jail for drug trafficking?

Yes. In some cases, alternatives such as community correction orders may be available — particularly for lower-level offences and where the offender has a good personal background and genuine prospects of rehabilitation. For commercial quantity offences, terms of immediate imprisonment are common. We will work to present the strongest possible case for the best available outcome.


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