Under s 71(1) of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the involvement of children in drug trafficking is an aggravating circumstance relevant to penalty rather than an element of the offence, and a sentencing judge does not engage in impermissible double counting by treating it as an aggravating feature when sentencing within the higher maximum penalty range. A sentence of five years' imprisonment (non-parole period of three years) for sustained retail cannabis trafficking to school children over six months is within range of the 20-year maximum.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.