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[Insert the following section where indicated if it is alleged that the accused trafficked by selling, exchanging or manufacturing a drug of dependence.]
The first element relates to what the accused did. S/he must have intentionally committed an act of trafficking.
The law defines "trafficking" to include a number of different activities, such as selling, exchanging, offering to sell, agreeing to sell or manufacturing certain drugs, known as "drugs of dependence".
The prosecution does not need to prove that the accused did all of these things. For this element to be satisfied, the prosecution only needs to prove that the accused intentionally committed at least one of the acts specified by law.
In this case, the relevant act of trafficking is [selling/ exchanging/ manufacturing] a drug of dependence. This requires the prosecution to prove two things beyond reasonable doubt:
First, that the accused [sold/ exchanged/ manufactured] a drug of dependence – in this case [insert name of drug]; and
Second, that the accused intended to [make that sale/ make that exchange/ manufacture that drug]. That is, they deliberately [made that sale/ made that exchange/ manufactured that drug].
In this case, the prosecution alleged that NOA [sold/ exchanged/ manufactured] a drug of dependence when [insert relevant evidence]. The defence responded [insert any relevant evidence or arguments].
It is for you to determine, based on all of the evidence, whether NOA [sold/ exchanged/ manufactured] the [insert name of drug], and intended to [make that sale/ make that exchange/ manufacture that drug]. It is only if you are satisfied of both of these matters, beyond reasonable doubt, that this first element will be met.
Last updated: 2 March 2007