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[Insert the following section where indicated if it is alleged that the accused trafficked by preparing a drug for trafficking.]
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, preparing for trafficking 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 preparing a drug of dependence for trafficking. This requires the prosecution to prove three things beyond reasonable doubt:
First, that the accused prepared a drug of dependence – in this case [insert name of drug]. "Prepare" is an ordinary English word, and it is for you to determine whether the [insert name of drug] was prepared by the accused.
Second, that the accused intended to make those preparations. That is, they made those preparations deliberately.
Third, that the accused prepared the drug for the purpose of trafficking. That is, when they prepared the drug, they intended that it would be sold, exchanged or otherwise ultimately moved to a consumer within a setting in which someone involved is making a profit.
In this case, the prosecution alleged NOA prepared a drug of dependence for the purpose of trafficking 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 prepared the [insert name of drug], intended to make those preparations, and prepared it for the purpose of trafficking. It is only if you are satisfied of all three of these matters, beyond reasonable doubt, that this first element will be met.
Last updated: 2 March 2007