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

Click here to obtain a Word version of this document for adaptation.

 

[This checklist can be used where it is alleged that the accused trafficked in a large commercial or commercial quantity of drugs by having those drugs in possession for sale, if the prosecution relies on the common law definition of possession.]

 

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 possess a drug?

1.1a Did the accused have physical custody or control of a drug?

If Yes, then go to 1.1b

If No, then the Accused did not possess the drug
and is not guilty of Trafficking

1.1b Did the accused intend to have custody or exercise control over that drug?

If Yes, then go to 1.1c

If No, then the Accused did not possess the drug
and is not guilty of Trafficking

1.1c Did the accused know that the substance over which they had custody or control was a drug, or were they aware of that likelihood?

If Yes, then the accused possessed the drug. Go to 1.2

If No, then the Accused did not possess the drug
and is not guilty of Trafficking

1.2 Did the accused intend to sell 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 possessed for sale 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 possess for sale 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 possess for sale 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 possess for sale 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 1.1a, 1.1b, 1.1c, 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: 21 September 2011

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

7.6.1.7 - 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

7.6.1.15 - 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