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    Offences – Trafficking a Dangerous Drug

    s5 Drugs Misuse Act 1986 makes it an offence to traffick a dangerous drug.

    What the prosecution must prove.

    The prosecution must prove beyond reasonable doubt that a person carried on the business of trafficking a dangerous drug.

    What it means.

    The prosecution must prove beyond reasonable doubt that a person carried on the business of trafficking a dangerous drug.

    Trafficking normally involves selling a drug. More broadly trafficking means engaging in some part of the movement of drugs from source to ultimate user.

    At law, the hallmarks of carrying on a business are:

    • Several transactions done for gain over more than a brief interval.

    • A continuous course of conduct engaged in to obtain a reward of a commercial character.

    • Repetition of acts, and activities of a commercial nature possessing something of a permanent, though not necessarily indefinite, character.

    • Something more than mere occasional sales.

    The reward is not limited to money for a direct financial gain. A user receiving drugs for their involvement in the ongoing supply of drugs receives a benefit of a commercial nature.

    The prosecution does not need to prove profitability.

    The usual penalties.

    The maximum penalty for the offence of Trafficking a Dangerous Drug is 25 years imprisonment.

    The offence will almost inevitably attract a sentence of imprisonment including a period of actual imprisonment.

    There is no principle of law that a sentence of fulltime imprisonment must be imposed unless there are exceptional circumstances.

    There are cases of Trafficking that will not result in a sentence of fulltime imprisonment. Each case depends on its own circumstances.

    The maximum penalty is a poor numerical indicator of sentences usually imposed though it plays an important role in defining the relative seriousness of an offence. Sentences for a first offence can range from an immediate release to many years in prison depending on the facts of the case and the circumstances of the defendant.

    Factors that affect the appropriate penalty include the type and quantity of drug supplied, the complexity and extent of the business, the level and extent of the role in the trafficking, and whether the defendant is drug dependent.

    book a complimentary initial consultation with an accredited specialist

    Cavanagh Gillies Criminal Lawyers

    TRAFFICKING

    s5 Drugs Misuse Act 1986 makes it an offence to traffick a dangerous drug.

    What the prosecution must prove.

    The prosecution must prove beyond reasonable doubt that a person carried on the business of trafficking a dangerous drug.

    What it means.

    The prosecution must prove beyond reasonable doubt that a person carried on the business of trafficking a dangerous drug.

    Trafficking normally involves selling a drug. More broadly trafficking means engaging in some part of the movement of drugs from source to ultimate user.

    At law, the hallmarks of carrying on a business are:

    • Several transactions done for gain over more than a brief interval.

    • A continuous course of conduct engaged in to obtain a reward of a commercial character.

    • Repetition of acts, and activities of a commercial nature possessing something of a permanent, though not necessarily indefinite, character.

    • Something more than mere occasional sales.

    The reward is not limited to money for a direct financial gain. A user receiving drugs for their involvement in the ongoing supply of drugs receives a benefit of a commercial nature.

    The prosecution does not need to prove profitability.

    The usual penalties.

    The maximum penalty for the offence of Trafficking a Dangerous Drug is 25 years imprisonment.

    The offence will almost inevitably attract a sentence of imprisonment including a period of actual imprisonment.

    There is no principle of law that a sentence of fulltime imprisonment must be imposed unless there are exceptional circumstances.

    There are cases of Trafficking that will not result in a sentence of fulltime imprisonment. Each case depends on its own circumstances.

    The maximum penalty is a poor numerical indicator of sentences usually imposed though it plays an important role in defining the relative seriousness of an offence. Sentences for a first offence can range from an immediate release to many years in prison depending on the facts of the case and the circumstances of the defendant.

    Factors that affect the appropriate penalty include the type and quantity of drug supplied, the complexity and extent of the business, the level and extent of the role in the trafficking, and whether the defendant is drug dependent.

    book a complimentary initial consultation with an accredited specialist