Criminal Law Insights

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.

Commercial quantity drug trafficking in Victoria is a serious indictable offence under section 71AA of the Drugs, Poisons and Controlled Substances Act 1981, carrying up to 25 years imprisonment. It is dealt with in the County Court, and being charged sets in motion a committal and, usually, a contested process.

Drink and drug driving are two separate offences in Victoria, so being charged with both means two sets of consequences. Each carries its own licence loss, and the disqualifications can add up, meaning a longer total time off the road, plus an interlock and both behaviour change programs before you are relicensed.

A positive roadside drug test in Victoria for a first offence usually means a fine of 3 penalty units and a 6-month licence loss, dealt with by an infringement notice rather than court. A confirmatory laboratory test follows, and a second or later offence is more serious and goes to court.

A first drink driving offence in Victoria means losing your licence, from 3 months at the lowest reading up to 20 months or more at high readings. A lower-range first offence can be a penalty notice without court, but higher readings mean a court appearance. An interlock and a behaviour change program apply before you are relicensed.

If Fines Victoria suspended your licence for unpaid fines and you were caught driving, it is still an offence under section 30 of the Road Safety Act 1986. However, the court treats a Fines Victoria suspension less seriously than a safety-based one, with a much lower maximum penalty.

Yes, you can be charged even if you did not know your licence was suspended in Victoria. Not knowing is not an automatic excuse, but an honest and reasonable belief that you were entitled to drive can be a defence, depending on the notice you received and the facts.

Self-defence is a complete defence to assault in Victoria. Under section 322K of the Crimes Act 1958, you are not guilty if you believed your conduct was necessary and it was a reasonable response in the circumstances as you saw them. The prosecution must disprove it.