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

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[This checklist can be used where it is alleged that the accused trafficked in a large commercial or commercial quantity of drugs by sale, exchange or manufacture.]

 

Three elements the prosecution must prove beyond reasonable doubt:

  1. The accused intentionally committed an act of trafficking;
  2. The accused intentionally trafficked in a drug of dependence; and
  3. The accused intentionally trafficked in not less than a [commercial/ large commercial] quantity of that drug.

 

An Intentional Act of Trafficking

1.1 Did the accused [sell/ exchange/ manufacture] 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 [sell/ exchange/ manufacture] that drug?

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 [sold/ exchanged/ manufactured] 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 [sell/ exchange/ manufacture] a drug of dependence?

If Yes, then go to 3.1

If No, then the Accused is not guilty of Trafficking

Quantity

3.1 Did the accused [sell/ exchange/ manufacture] not less than a [commercial/ large commercial] quantity of a drug of dependence?

Consider – [Insert relevant weight of drug or number of plants] is a [commercial/large commercial] quantity of [insert name of drug].

If Yes, then go to 3.2

If No, then the Accused is not guilty of
Trafficking in a [commercial/large commercial quantity]

3.2 Did the accused intend to [sell/ exchange/ manufacture] not less than a [commercial/ large commercial] quantity of a drug of dependence?

If Yes, then the Accused is guilty of Trafficking in
a [commercial/large commercial quantity] (as long as you
have also answered yes to questions 1.1, 1.2, 2.1, 2.2 and 3.1)

If No, then the Accused is not guilty of
Trafficking in a [commercial/large commercial quantity]

 

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

7.6.1.6 - 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