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The Drug Misuse and Trafficking Act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. The seriousness of a charge is determined by the quantity of the drug in an individual’s possession. The table below details some of the more common drugs:
Where a drug offence can be dealt with in the Local court, the penalties are generally 2 years in gaol or less with a maximum fine for each offence of up to $11,000.
Significant and more serious charges may be dealt with in the District Court or Supreme Court. In these instances, the penalties and fines are far more serious.
The District or Supreme Court can impose the following maximum penalties:
What must be proven
When an individual is charged with supplying a prohibited drug there are three elements that must be proven beyond reasonable doubt. They are:
- The individual supplied a substance;
- The substance was a prohibited drug; and
- The individual knew that what was supplied was a prohibited drug.
The first element will be proven if it can be established beyond reasonable doubt that the individual intentionally provided the substance to somebody, by way of sale or otherwise.
The second element that must be proven is that the substance supplied was a prohibited drug. The legislation contains a list of substances that are declared to be prohibited drugs for the purpose of this offence.
It is not necessary that the Crown prove that the whole of the substance supplied consisted of that prohibited drug. The law is that anything that contains a prohibited drug in any proportion is to be treated as a prohibited drug. In other words, the purity of the prohibited drug is irrelevant.
The third element that must be proven is that the individual knew or believed at the time that they supplied the substance to the other person it was a prohibited drug. This will be proven even if the person does not know exactly what prohibited drug was supplied.
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