What Is Drug Trafficking?

If you have been accused of drug trafficking, it is important to understand what the offence involves and what the prosecution must prove. 

Drug trafficking is one of the most serious drug offences in Victoria and can carry lengthy terms of imprisonment. 

However, being charged with trafficking does not necessarily mean police have caught you selling drugs. The legal definition of trafficking is much broader than many people realise.

What Is Drug Trafficking?

Drug trafficking is the sale, exchange, distribution or preparation of drugs for sale. Under Victorian law, a person can be charged with trafficking even if no money changed hands.

For example, giving drugs to another person, agreeing to supply drugs, or possessing drugs in circumstances that indicate they were intended for sale may all amount to trafficking.

Many people are surprised to learn that police do not have to observe a drug sale before laying trafficking charges.

How Do Police Prove Drug Trafficking?

Drug trafficking cases are often built using a combination of evidence rather than one single piece of proof.

Police may rely on the quantity of drugs located, the way the drugs were packaged, the presence of cash, tick lists, digital scales, clip-seal bags or text messages discussing the supply of drugs.

Mobile phone downloads, social media conversations, bank records and surveillance evidence may also be used to support an allegation of trafficking.

Ultimately, the prosecution must prove beyond reasonable doubt that the accused trafficked, or intended to traffic, a drug of dependence.

Does the Quantity of Drugs Matter?

Yes, although quantity alone does not automatically prove trafficking.

A larger quantity of drugs may suggest that they were not intended solely for personal use, particularly when combined with other evidence such as packaging materials or communications about supplying drugs.

Conversely, possessing a relatively small quantity of drugs does not necessarily prevent a trafficking charge if there is evidence that drugs were being supplied to others.

Every case depends on the totality of the evidence.

What Is the Difference Between Possession and Trafficking?

Possession and trafficking are separate offences.

Possession generally involves having control over a drug for personal use or another purpose. Trafficking involves supplying, selling, exchanging or preparing drugs for supply.

In some cases, police initially charge a person with trafficking when the evidence may only support possession. In others, possession charges may later be upgraded after police examine mobile phones or obtain further evidence during the investigation.

Because the penalties for trafficking are substantially higher, it is important that the evidence is carefully analysed.

What Are the Penalties?

Drug trafficking is treated extremely seriously by Victorian courts.

The maximum penalty depends on the type of drug and the legislation under which the offence is charged. In more serious matters involving commercial quantities or organised criminal activity, lengthy terms of imprisonment are common.

When sentencing an offender, the court will consider factors including the quantity and type of drugs involved, the level of commerciality, the offender’s role, any financial benefit received, criminal history, personal circumstances and prospects of rehabilitation.

Not every trafficking case results in immediate imprisonment, but the risk of a custodial sentence is significantly higher than for simple drug possession.

Can Drug Trafficking Charges Be Defended?

Yes.

Like every criminal offence, the prosecution must prove the charge beyond reasonable doubt.

Depending on the circumstances, there may be disputes about whether the accused possessed the drugs, whether there is sufficient evidence of trafficking, whether police lawfully obtained evidence or whether the communications relied upon have been interpreted correctly.

Every trafficking case should be carefully reviewed before deciding whether to plead guilty or contest the allegations.

Why Legal Advice Is Important

Drug trafficking investigations are often complex and may involve search warrants, forensic testing, telephone intercepts, surveillance material and large volumes of electronic evidence.

Obtaining legal advice at an early stage allows the evidence to be properly assessed, weaknesses in the prosecution case to be identified and the best strategy to be developed from the outset.

Speak to Wilkinson Lawyers

If you have been charged with drug trafficking in Victoria, obtaining experienced legal representation is essential. At Wilkinson Lawyers, we regularly act for clients facing serious drug charges throughout Victoria. We can assess the prosecution evidence, advise you on any available defences and guide you through every stage of the court process while working to achieve the best possible outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.