CRIMINAL CODE 2002 - SECT 604 Trafficking offence—presumption if trafficable quantity possessed

CRIMINAL CODE 2002 - SECT 604

    (1)     If, in a prosecution for an offence against section 603, it is proved that the defendant—

        (a)     prepared a trafficable quantity of a controlled drug for supply; or

        (b)     transported a trafficable quantity of a controlled drug; or

        (c)     guarded or concealed a trafficable quantity of a controlled drug; or

        (d)     possessed a trafficable quantity of a controlled drug;

it is presumed, unless the contrary is proved, that the defendant had the intention or belief about the sale of the drug required for the offence.

Note     A defendant has a legal burden of proving that the defendant did not have the intention or belief mentioned in this subsection (see s 59  (c)).

    (2)     This section does not apply to a single charge under section 629 (Single offence for trafficking etc on different occasions) if the conduct on each occasion to which the charge relates did not involve a trafficable quantity of the controlled drug.