Criminal Code Act 1995
Schedule
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The Criminal Code
Division 311
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Combining quantities of drugs, plants or precursors
Subdivision C
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Combining parcels from multiple offences
SECTION 311.22
General rules
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combining parcels from multiple offences
(1)
If the prosecution intends to rely on a section of this Subdivision, the particulars of the offences alleged to have been committed on the different occasions must be set out in the charge.
(2)
The same parcel of controlled drugs, controlled plants, controlled precursors, border controlled drugs, border controlled plants or border controlled precursors must not be counted more than once for the purposes of this Subdivision.
(3)
This Subdivision does not prevent a person being charged with separate offences in respect of conduct on different occasions.
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
View history note
Hide history noteIf the prosecution intends to rely on a section of this Subdivision, the particulars of the offences alleged to have been committed on the different occasions must be set out in the charge.
(2)
The same parcel of controlled drugs, controlled plants, controlled precursors, border controlled drugs, border controlled plants or border controlled precursors must not be counted more than once for the purposes of this Subdivision.
Example:
A person is in possession of a quantity of a controlled drug for sale on one day (the first occasion) and sells that particular quantity the next day (the second occasion). Only the quantity trafficked on one of those occasions may be counted.
(3)
This Subdivision does not prevent a person being charged with separate offences in respect of conduct on different occasions.
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