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Drug Trafficking

Welcome to the WA Drug Trafficking article page.
Everything you need to know about Drug Trafficking according to WA Law.

What the Law states according to WA Law for Drug Trafficking

According to WA Law for the charge of Drug Trafficking,

Section 32A: If a person is convicted of-

(a) a serious drug offence and has, during the last 10 years, been convicted of 2 or
more serious drug offences or external serious drug offences; or
(b) a serious drug offence in respect of a quantity of drugs or plants which is above the
quantity listed in Schedule VII or VIII of the Misuse of Drugs Act, an application
may be made to the Court to have that person declared a drug trafficker.

“Serious drug offence” means a conviction under Section 6(1), 7(1), 33(1)(a) or 33(2)(a) of the Misuse of Drugs Act.

The application must be made within 6 months from the day of conviction.

The Maximum Penalty – Drug Trafficking

According to WA Law for the charge of Drug Trafficking,

Where a person is declared a drug trafficker, they firstly face the penalty for the offence which caused the declaration (usually an offence of possession of drugs or prohibited plants with intent to sell or supply).

Where a declaration is made under Section 32A of the Misuse of Drugs Act, section 8 of the Criminal Property Confiscation Act 2000 (WA) is triggered. Where this occurs, all property owned by the person at the time of the declaration and all property given away before or after the declaration can be confiscated.

What the Police must prove according to WA Law for Drug Trafficking

That the accused person has either:

  1. Been convicted of 3 serious or external serious drug offences in the last 10 years; or
  2. Been convicted of a serious drug offence by being in possession of, or attempting or conspiring to possess a quantity of drugs above the amounts listed in Schedule VII and Schedule VIII of the Misue of Drugs Act.

Possible Defences under WA Law – Drug Trafficking

As a declaration of drug trafficking is a consequence of crime and not a crime in itself, there are no defences. However, a declaration can be appealed.

In WA which court will hear the matter – Drug Trafficking

A declaration can be made by the Magistrates Court, the District Court or the Supreme Court.

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