I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
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 Drug of Dependence - Large Commercial Quantity
In Victoria, the maximum penalty for trafficking or attempting to traffick in a drug of dependence – large commercial quantity is life imprisonment and a maximum fine of 5000 penalty units.
The offence of Trafficking in a Drug of Dependence – Large Commercial Quantity
The offence of Trafficking in a Drug of Dependence – Large Commercial Quantity is contained in section 71 of the Drugs, Poisons and Controlled Substances Act 1981 which states:
‘A person who, without being authorised by or licenced under this Act or the regulations or the Access to Medicinal Cannabis 2016 or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of two or more drugs of dependence that is not less than the large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence’
What is a Drug of Dependence?
A ‘drug of dependence’ is listed in Schedule 11 to the Drugs, Poisons and Controlled Substances Act 1981. The definition includes any form of drug listed in the Schedule, as well as the salts, analogues, derivatives and isomers of that drug. In addition, a drug in the same class as one listed in the Schedule or contained in or mixed with another substance would also be considered a drug of dependence under section 73.
What Is ‘Trafficking’?
Under section 70 of the Drugs, Poisons and Controlled Substances Act 1981, ‘traffick’ in relation to a drug of dependence includes:
- Preparing a drug of dependence for trafficking;
- Manufacturing a drug of dependence; or
- Selling, exchanging, agreeing to sell, offering for sale or having in possession for sale, a drug of dependence.
This definition is not a complete list of all the acts that could amount to trafficking. The Courts have also defined trafficking to mean:
- An activity performed in a commercial setting where it can be fairly inferred someone (not necessarily you) made a profit; or
- That you participated in the progress of drugs from its source to the consumer.
What is a large commercial quantity?
Under section 70 of the Drugs, Poisons and Controlled Substances Act 1981, a ‘Large Commercial Quantity’ of a drug of dependence is specified in Schedule 11 of the Act.
The Large Commercial Quantities for some of the more common drugs of dependence are set out in the table below:
|Drug||Large Commercial Quantity|
|Cannabis||250kg or 1000 plants|
What Actions Might Constitute Trafficking in a Drug of Dependence – Large Commercial Quantity?
A person may be charged with this offence based on allegations that they:
- Carrying a large commercial quantity of cocaine in your suitcase on board a flight from Colombia to Melbourne;
- Storing a large commercial quantity of MDMA manufactured in a warehouse that you own;
- Selling a large commercial quantity of cannabis to a friend.
What the Police Must Prove
To convict you of trafficking in a drug of dependence – large commercial quantity, the prosecution must prove each of the following elements beyond a reasonable doubt:
- They intentionally ‘trafficked’ or ‘attempted to traffick’ in a particular substance; and
- That the substance was a drug of dependence; and
- That the substance that was a drug of dependence was of a large commercial quantity.
Possible Defence to Trafficking in a Drug of Dependence
A person charged with this offence may defence the charge by arguing that they are licenced to manufacture, sell or distribute the drug under the Access to Medicinal Cannabis Act 2016;
Which Court Will Hear Your Matter?
The matter is an indictable offence only, meaning that it must be heard in the County Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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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