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7.6.1.3 - Additional Direction: Selling, Exchanging or Manufacturing a Drug of Dependence

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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

See Also

7.6.1 - Trafficking in a Drug of Dependence

7.6.1.1 - Charge: Trafficking a Commercial / Large Commercial Quantity of a Drug of Dependence - Giretti trafficking

7.6.1.2 - Charge: Trafficking in a Drug of Dependence

7.6.1.4 - Checklist: Trafficking by Sale, Exchange or Manufacture

7.6.1.5 - Checklist: Trafficking by Sale, Exchange or Manufacture (Commercial or Large Commercial quantity)

7.6.1.6 - Additional Direction: Offering or Agreeing to Sell a Drug of Dependence

7.6.1.7 - Checklist: Trafficking by Offering or Agreeing to Sell

7.6.1.8 - Checklist: Trafficking by Offering or Agreeing to Sell (Commercial or Large Commercial quantity)

7.6.1.9 - Additional Direction: Preparing a Drug of Dependence for Trafficking

7.6.1.10 - Checklist: Trafficking by Preparing a Drug for Trafficking

7.6.1.11 - Checklist: Trafficking by Preparing a Drug for Trafficking (Commercial or Large Commercial quantity)

7.6.1.12 - Additional Direction: Possessing a Drug of Dependence for Sale

7.6.1.13 - Checklist: Trafficking by Possession for Sale

7.6.1.14 - Checklist: Trafficking by Possession for Sale (Commercial or Large Commercial quantity)

7.6.1.15 - Additional Direction: Conducting a business of trafficking (Giretti trafficking)

7.6.1.16 - Additional Direction: Possession of a traffickable quantity

7.6.1.17 - Additional Direction: Commercial or Large Commercial Quantity

7.6.1.18 - Additional Direction: Trafficking to a Child

7.6.1.19 - Checklist: Trafficking to a Child (Sale or Exchange)

7.6.1.20 - Checklist: Trafficking to a Child (Offering or Agreeing to Sell)

7.6.1.21 - Additional Direction: Authorisation and Licensing