A drug trafficking bail application in Victoria is won on evidence. The strongest applications gather a genuine surety, stable accommodation, employment or study, character references, and a treatment plan, all aimed at meeting the bail test and reducing any unacceptable risk.
Often, yes. A first drug possession charge in Victoria is frequently suitable for diversion, which lets you complete a plan and have the charge resolved without a conviction or a finding of guilt. It is a pre-plea option aimed at first-time offenders, so it is well worth pursuing.
Bail for drug trafficking in Victoria is hard to get. Commercial and large commercial quantity trafficking are Schedule 1 offences under the Bail Act 1977, so you must show exceptional circumstances, and then satisfy the court there is no unacceptable risk. Community safety is the paramount concern.
A commercial quantity of drugs in Victoria is set for each drug in Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981. It is usually measured by the whole weight of the substance, not just the pure drug, and quantities can be combined, which is what fixes the charge you face.
For commercial or large commercial drug trafficking in Victoria, the prosecution must prove beyond reasonable doubt that the substance was a drug of dependence, that you trafficked in it, and that the quantity reached the commercial or large commercial threshold. Each element is open to challenge.
