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7.6.1.7 - Checklist: Trafficking by Offering or Agreeing to Sell

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[This checklist can be used where it is alleged that the accused trafficked by offering or agreeing to sell a drug of dependence.]

 

Two elements the prosecution must prove beyond reasonable doubt:

  1. The accused intentionally committed an act of trafficking; and
  2. The accused intentionally trafficked in a drug of dependence.

 

An Intentional Act of Trafficking

1.1 Did the accused make a genuine [offer/ agreement] to sell a drug?

If Yes, then go to 1.2

If No, then the Accused is not guilty of Trafficking

1.2 Did the accused intend to make that [offer/ agreement]?

If Yes, then go to 1.3

If No, then the Accused is not guilty of Trafficking

1.3 Did the accused intend that [offer/ agreement] to be regarded as genuine by the purchaser?

If Yes, then go to 2.1

If No, then the Accused is not guilty of Trafficking

A Drug of Dependence

2.1 Was the drug the accused [offered/agreed] to sell a "drug of dependence"?

Consider – [Insert name of drug] is a "drug of dependence"

If Yes, then go to 2.2

If No, then the Accused is not guilty of Trafficking

2.2 Did the accused intend to [offer for sale/ agree to sell] a drug of dependence?

If Yes, then the Accused is guilty of Trafficking (as long as
you have also answered yes to questions 1.1, 1.2, 1.3 and 2.1)

If No, then the Accused is not guilty of Trafficking

 

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

7.6.1.3 - Additional Direction: Selling, Exchanging or Manufacturing 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

7.6.1.8 - 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