Criminal Code
604Trafficking offence—presumption if trafficable quantity
Start here
Get a plain-English read of 604
Turn the raw legal text into a practical explanation grounded in Criminal Code.
604 Trafficking offence—presumption if trafficable quantity possessed etc (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
Trafficking in controlled drugs Part 6.2 (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 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.