Controlled Drugs and Substance Act
Section 10(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person
- (a)in relation to the commission of the offence,
- (i)carried, used or threatened to use a weapon,
- (ii)used or threatened to use violence,
- (iii)trafficked in a substance included in Schedule I, II, III or IV or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of eighteen years, or
- (iv)trafficked in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of eighteen years;
- (b)was previously convicted of a designated substance offence; or
- (c)used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, a designated substance offence.