What the law says
Sections 309.2 of the Commonwealth Criminal Code states:
(1) A person commits an offence if:
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(2) Strict Liability applies to paragraph (1)(b)
(3) The fault element for paragraph (1)(c) is recklessness.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. supplied a substance a substance to an individual; and
2. the individual was a child; and
3. the substance is a controlled drug.
the person is taken to have possessed the substance with the intention of using some or all of the substance to manufacture a controlled drug.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Supplying Drugs to Children is 5 years imprisonment or 3000 penalty units or both.
Which court will hear the matter
This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.
Possible defences to this offence include but are not limited to
- The accused did not supply a substance.
- The individual was not a child.
- The accused had a reasonable and honest belief the individual was not a child.
- The substance was not a controlled drug.