Northern Territory Consolidated Acts

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MISUSE OF DRUGS ACT 1990 - SECT 37

Penalty guidelines

    (1)     In this section:

"commercial gain", in relation to supplying dangerous drugs, means to supply the dangerous drugs for fee, reward or consideration or in expectation of a fee, reward or consideration.

    (4)     Notwithstanding any other law of the Territory, where a person already serving a period of actual imprisonment is sentenced by a court to serve a period of actual imprisonment for an offence against this Act committed by the person while serving the first-mentioned period, the further period of actual imprisonment shall be served consecutively to the period of imprisonment currently being served by the person.

    (6)     In sentencing a person for an offence against Part II, Division 1, Subdivision 2 or 3, the court is to presume that:

        (a)     if the amount of the dangerous drugs to which the offence relates is a traffickable quantity – the person intended to supply the dangerous drugs; and

        (b)     if the amount of the dangerous drugs to which the offence relates is a commercial quantity – the person intended to supply the dangerous drugs for commercial gain.

    (7)     Subsection (6) applies unless the contrary is proved.



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