VIC Drugs - Father Charged with Trafficking

[Yologwen]

Hi, I was hoping if anyone could tell me any possible outcomes of someone being caught with (I think) 100 grams of methamphetamine (drugs), charged for one count of trafficking, (first ever offence). His daughter has a disability and is super intelligent and very close to him, the family want to get her prepared for the worst case scenario. Any info is appreciated. Thanks

 

[Sarah J]

Hi Yologwen,

His outcomes are: (i) he pleads guilty and receives a possible discount due to his plea; (ii) he pleads not guilty and is convicted (this will depend on what evidence the prosecution has against him, too little information to help you further on this point); (iii) he pleads not guilty and is not convicted (in which case, he is free to go).

If you are asking about the likely sentence he might get should he be convicted, then it depends on a number of factors:

• What type of drug is it?
• It is pure or mixed?
• If mixed, what is the pure portion amount for each type of drug of dependance?
• Is the amount a commercial or non-commercial quantity?
• Mitigating factors (e.g. children, family, good character, criminal background, employment etc.)

Drug offences are governed by the Drugs, Poisons and Controlled Substances Act (Vic). "Commercial quantity" is calculated under section 70 and the amounts for each type of drug is set out in schedule 11. Once you know if it is a commercial or non-commercial quantity, you can take a read of the sentencing trends published by the Sentencing Advisory Council. Each case depends on its own facts and you can never predict what sentence will be received by one scenario by looking at past examples. Much of it also depends on policy and prevalence. But these snapshots may provide you with a good guide:

• Commercial quantity - sentencing snapshot
• Non-commercial quantity - sentencing snapshot

 

[Yologwen]

Thank you,
I'm not sure of the purity etc., but since it's 100gms I'm guessing he will be going to jail,
I didn't realise employment,good character etc would come into it??
The main concern is his daughter and her disability,she depends on him daily.
thank you for your reply

 

[Sarah J]

Hi Yologwen,

There are two separate issues here:

1. Whether he gets convicted on the charges alleged; and
2. If he is convicted, what sentence he gets

The employment, background, his daughter's disability etc. that is only taken into account (and is relevant) for the second question. It will not affect whether or not he is convicted of the drug charges.

As for the purity, the police will do an analysis and tell you (and the court) what the purity is. The police will also tell you whether it is of a commercial or non-commercial amount. This distinction is only relevant in sentencing as well.