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News (Media Awareness Project) - Australia: Plan To Jail Drug Dealers For Life
Title:Australia: Plan To Jail Drug Dealers For Life
Published On:1998-02-27
Source:The Age, The Sydney Morning Herald
Fetched On:2008-09-07 14:58:47
PLAN TO JAIL DRUG DEALERS FOR LIFE

Adults convicted of selling drugs to children face life jail terms, under
tough new national proposals in a Federal Government review of Australia's
criminal code.

The review said all governments must join forces to combat the devastating
impact of illegal drugs on Australian society.

The new maximum penalty of life imprisonment would cover the sale of large
commercial quantities of cannabis as well as other illegal drugs to
children under 18.

A large quantity for cannabis would be set at 50 kilograms and for heroin,
750 grams.

The proposals, known as the Model Criminal Code on Serious Drug Offences,
were drawn up by law advisers to the federal Attorney-General, Mr Daryl
Williams, and his counterparts in the states and territories.

The code would impose uniform national laws for serious drug crimes. At
present, maximum penalties for drug traffickers or others convicted of
serious drug crimes differ from state to state.

In Victoria, the maximum penalty is 25 years' jail for selling large
commercial quantities of cannabis and other illegal drugs to children.

However, in some other states the life sentence is used as a maximum
punishment.

Under the new national proposals, supply of any amount to a child would
carry a penalty of 10 years' jail. Larger amounts would invoke a 20-year
sentence.

Heavy penalties would also be imposed on adults who involved children in
drug trafficking.

Using children to sell drugs would carry a penalty of 20 years' jail,
regardless of the amount involved. If an adult supplied a commercial
quantity to a child seller, they could be jailed for life.

The proposals only deal with serious drug offences undertaken for profit.
They are not aimed at drug users and do not cover what the law should say
about possession of cannabis, or other illegal drugs, for personal use.

However, the deputy chairman of the Law Institute's criminal law committee,
Mr Rob Melasecca, said the proposed code was not realistic because most
traffickers were also addicted drug users.

"If you are an average junkie on the street using every day you will sell
at least as much as you use and it will take no time at all to fall into
the category of a commercial trafficker; the code is grossly unfair," he
said.

A discussion paper on the review's recommendations was sent to state and
territory attorneys-general and other groups for comment last year.

"The overriding principle of the Model Criminal Code project is that
Australia should adopt one approach to the criminal law so that all
Australians are treated equally," the discussion paper said. Its other
recommendations include:

A maximum life prison sentence for those caught manufacturing illegal drugs
in large quantities.

A 20-year jail term for anyone providing services to traffickers, such as
laundering money from drug crimes, hiding financial transactions or
removing property from the state's jurisdiction.

Cannabis traffickers to be treated in the same way as commercial
traffickers in heroin or other illegal drugs.

The discussion paper acknowledged there might be an argument for more
lenient treatment of cannabis users, but the same could not be said of
those who sold the drug.

Mr Melasecca said the new category of selling to children was an innovative
change but judges already dealt harshly with such adult offenders under
existing state laws.

A spokeswoman for the state Attorney-General, Mrs Jan Wade, said most of
the recommendations had already been implemented in Victoria. However, Mrs
Wade would examine any other proposals in the final report due later this
year.
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