Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Trafficking in a Controlled Drug
It is an offence in the ACT to traffic in a controlled drug. The maximum penalty ranges from fines of 1,000 penalty units to imprisonment for life, depending on the quantity of the drug.
The Offence of Trafficking in a Controlled Drug
Trafficking in a controlled drug is divided into a number of offences based on the quantity of the drug trafficked. These offences are contained in section 603 of the Criminal Code 2002 which states that a person commits an offence if they:
- Traffic in cannabis (contrary to section 603(8) of the Criminal Code2002), which carries a maximum penalty of a fine of 300 penalty units, imprisonment for 3 years or both.
- Traffic in a controlled drug other than cannabis (contrary to section 603(7) of the Criminal Code2002), which carries a maximum penalty of a fine of 1,000 penalty units, imprisonment for 10 years or both.
- Traffic in a trafficable quantity of a controlled drug (contrary to section 603(5) of the Criminal Code2002), which carries a maximum penalty of 1,000 penalty units, imprisonment for 10 years or both.
- Traffic in a commercial quantity of a controlled drug (contrary to section 603(3) of the Criminal Code2002), which carries a maximum penalty of a fine of 2,500 penalty units, imprisonment for 25 years or both.
- Traffic in a large commercial quantity of a controlled drug (contrary to section 603(1) of the Criminal Code2002), which carries a maximum penalty of life imprisonment.
What is ‘Trafficking’?
To understand why you may be charged with an offence of trafficking, it is important to acknowledge the broad definition given to the act of trafficking. The term ‘traffic’ is defined in section 602 of the Criminal Code 2002 which states that:
A person traffics in a controlled drug if the person:
- Sells the drug; or
- Prepares the drug for supply either with the intention of selling any of it or believing that someone else intends to sell any of it; or
- Transports the drug either with the intention of selling any of it or believing that someone else intends to sell any of it; or
- Guards or conceals the drug either with the intention of selling any of it or helping someone else to sell any of it; or
- Possesses the drug with the intention of selling any of it.
If you have done any of the above you may be charged with trafficking in a controlled drug. You do not have to prepare, transport, conceal, possess and sell the drug in order to be found guilty of a trafficking offence.
What Actions Might Constitute Trafficking in a Controlled Drug?
Examples of trafficking in a controlled drug include:
- You weigh and divide ecstasy pills into zip-lock bags with the intention of giving them to someone else to sell.
- You know your friend sells cocaine and you are at his house when he receives a request from a buyer. He asks you to conceal the cocaine in the back seat of the car and come with him to meet up with the buyer.
- You hang around 200m from the entrance of a music festival hoping to sell ecstasy pills to festival goers as they arrive.
What the Police Must Prove
To convict you of trafficking in a controlled drug, the prosecution must prove each of the following matters beyond reasonable doubt:
- That you trafficked in a substance; and
- That substance was a controlled drug; and
- That the quantity trafficked is equal to, or greater than, the quantity you are charged with trafficking.
Possible Defences for Trafficking in a Controlled Drug
The common ways to defend this charge are:
- To maintain your innocence if you did not commit the act; or
- To argue that you did not traffic in a substance; or
- To argue that the substance was not a controlled drug; or
- To argue that the quantity of the controlled drug is not sufficient to prove the offence with which you have been charged, for example you were charged with trafficking in a large commercial quantity of ice when you only trafficked in 5 kg of ice (where the large commercial quantity is 6 kg).
Which Court Will Hear Your Matter?
These matters are indictable matters and will be dealt with in the ACT Supreme Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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