Maximum Penalty for “Possession of Precursor Chemicals” in Melbourne – How
Serious is This Charge?
Courts may impose a maximum penalty of 5 years imprisonment or a fine of 600 penalty units for the charge of “Possession of Precursor Chemicals”. This will only occur when the offending is considered extreme. A lighter penalty is likely to be imposed for non-extreme cases. “Possession of Precursor Chemicals” is a high-level offence that can have severe consequences upon conviction. This is demonstrated by the type of Court that handles cases related to the charge: the County Court.
The legislation on “Possession of Precursor Chemicals”
Section 71D – Drugs, Poisons and Controlled Substances Act 1981 is the relevant legislative provision for the offence of “Possession of Precursor Chemicals”. It states:
Possession of Precursor Chemicals
A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a prescribed precursor chemical in a quantity that is not less than the prescribed quantity applicable to that precursor chemical is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units
or level 6 imprisonment (5 years maximum) or both.
Pleading guilty or not guilty to “Possession of Precursor Chemicals” in a Melbourne Court
Pleading guilty or not guilty to the offence of “Possession of Precursor Chemicals” is a very serious decision that is best discussed with a criminal defence solicitor. Find out how the Court is likely to view the case given your circumstances. Prepare an exceptional defence in Court with the help of your lawyer.
Elements of the charge of “Possession of Precursor Chemicals” in a Melbourne Court
The defendant must have been found, without a lawful excuse, to be in possession of a chemical in at least the prescribed quantity. This chemical must be a prescribed precursor chemical.
Defending the charge of “Possession of Precursor Chemicals” in a Melbourne Court
Defences that are often run in relation to this charge are factual dispute, honest and reasonable mistake of belief, lack of intent, identification error, duress, and mental impairment. Other types of criminal defences may also be applicable depending on the discretion of the criminal lawyer handling the case.
For more information on “Possession of Precursor Chemicals”, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).
Doogue O’Brien George Melbourne can provide you more details about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sep. 18 2013 and relates to the law as it stands at this time.