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9.1.1.4 - Checklist: Trafficking Controlled Drugs

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[This checklist can be used where it is alleged the accused trafficked by selling a controlled drug.]

Before you can convict the accused of trafficking a controlled drug, there are three elements that the prosecution must prove beyond reasonable doubt:

1. The accused intentionally trafficked in a substance; and

2. The substance trafficked was a controlled drug; and

3. The accused was reckless as to the substance trafficked being a controlled drug.

Intentional act of trafficking

1.1. Has the prosecution proved that the accused sold the substance?

If Yes, then go to 1.2

If No, then the accused is not guilty of trafficking a controlled drug

1.2. Has the prosecution proved the accused intended to sell the substance?

If Yes, then go to 2

If No, then the accused is not guilty of trafficking a controlled drug

Controlled Drug

2. Has the prosecution proved that the substance trafficked was a controlled drug?

Consider: [Insert relevant controlled drug] is a controlled drug.

If Yes, then go to 3.1

If No, then the accused is not guilty of trafficking a controlled drug

Recklessness about nature of substance

3.1. Has the prosecution proved that the accused knew that the substance was [insert relevant controlled drug]?

If Yes then the accused is guilty of trafficking a controlled drug (as long as you also answered Yes to Questions 1.1, 1.2 and 2)

If No, then go to 3.2

3.2. Has the prosecution proved that the accused believed that the substance was [insert relevant controlled drug]?

If Yes then the accused is guilty of trafficking a controlled drug (as long as you also answered Yes to Questions 1.1, 1.2 and 2)

If No, then go to 3.3

3.3. Has the prosecution proved that the accused was aware that there was a substantial risk that the substance was [insert relevant controlled drug]and knew that in the circumstances it was not justifiable to do what s/he did?

If Yes then the accused is guilty of trafficking a controlled drug (as long as you also answered Yes to Questions 1.1, 1.2 and 2)

If No, then the accused is not guilty of trafficking a controlled drug

Last updated: 23 March 2015

See Also

9.1.1 - Trafficking Controlled Drugs

9.1.1.1 - Charge: Trafficking Marketable or Commercial Quantities of Controlled Drugs

9.1.1.2 - Checklist: Trafficking Marketable or Commercial Quantities of Controlled Drugs

9.1.1.3 - Charge: Trafficking Controlled Drugs