Criminal Code 2002

This section applies to an offence against this chapter that involves—

trafficking in controlled drugs on different occasions; or

supplying controlled drugs to a child on different occasions;

whether they are the same or different kinds of drugs.

A person may be charged with a single offence in relation to trafficking in or supplying controlled drugs on different occasions if each occasion was not longer than 7 days apart from another of the occasions.

For the single offence, the quantity of controlled drugs trafficked or supplied is the total of the quantities of the controlled drugs trafficked or supplied on the occasions stated in the charge.

However, the same parcel of controlled drugs cannot be counted more than once.

Example

A person possesses a parcel of a controlled drug for sale (the 1st occasion) and later sells the parcel to someone else (the 2nd occasion) who in turn sells it to another person (the 3rd occasion). The same parcel of controlled drugs has been trafficked on 3 occasions but the quantity of drugs in the parcel can only be counted once under this section.

If the prosecution intends to rely on this section, particulars of each occasion must be stated in the charge.

This section does not prevent a person being charged with separate offences in relation to conduct on different occasions.