Drug Supply

A charge of drug supply can occur if: 

You are caught by police with a certain quantity of the prohibited drug; or

With preparing (such as dividing the drugs into smaller packages) or

manufacturing a drug; or selling the drug; or buying drugs for a friend.

 

THE LAW

The offence of Supply Prohibited Drug is set out in section 25 of the Drug Misuse and Trafficking Act which states:

"A person who supplies, or who knowingly takes part in the supply of a prohibited drug is guilty of an offence."

Schedule 1 of the Drug Misuse and Trafficking Act sets out the small, traffickable, indictable, commercial and large commercial quantities for each prohibited drug.

Where the amount exceeds the indictable quantity, this matter is strictly indictable which means that it cannot be finalised in the Local Court. Strictly indictable matters usually go to the District Court and attract higher penalties.

Where the amount does not exceed the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the amount does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

 

According to the case law of R v Gu [2006] NSWCCA 104, unless truly exceptional circumstances exist there is a clear line of authority that a full-time custodial sentence ought to be imposed wherever the offender has been “substantially involved in supply”.  

 

Maximum/Possible Penalties

The offence of supplying a prohibited drug carries a maximum penalty of 5,500 penalty units ($605,000) and/or life imprisonment. Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

 

 

Small quantity

Traffickable quantity

Indictable quantity

Commercial quantity

Large Commercial quantity

Cannabis leaf

30.0g

300.0g

1,000.0g

25.0kg

100.0kg

Ecstasy

0.8g

3.0g

5.0g

250.0g

1.0kg

Cocaine / Heroin / Amphetamine

1.0g

3.0g

5.0g

250.0g

1.0kg

 

Small Quantity

The maximum penalty is a fine of 50 penalty units and/or imprisonment for 2 years.

Traffickable Quantity

The maximum penalty in the Local Court is a fine of 100 penalty units and/or 2 years imprisonment.

Indictable Quantity

The maximum penalty in the Local Court is a fine of 100 penalty units and/or 2 years imprisonment. The maximum penalty in the District Court is 200 penalty units and/or 15 years imprisonment.

Commercial Quantity

The maximum penalty is a fine of 3,500 penalty units and/or imprisonment for 20 years.

Large Commercial Quantity

The maximum penalty is a fine of 5,500 penalty units and/or life imprisonment.

In NSW, a court can impose any of the following penalties for Drug Supply of:

  • Full time Imprisonment
  • Intensive Corrections Order (ICO)
  • Community Correction Order (CCO)
  • Conditional release Order (CRO) (ie: bond); and/or
  • Fine

 

THE FACTS THAT MUST BE PROVEN

Since Supply a prohibited drug is a criminal offence, the burden of proof lies on the Prosecution. Therefore, the prosecution must prove the Accused’s guilt beyond reasonable doubt being:

  • that you supplied, or
  • you knowingly took part in the supply of a drug; and
  • that drug was a prohibited drug

Note: If the drugs are over a trafficable quantity it is presumed deemed supply and the prosecution need not prove you were supplying the drug.

 

Defences

Some of the possible defences available for those charged with Supply prohibited drug can include:

  • Licenced or authorised to supply the drug under the Poisons and Therapeutic Goods Act 1966;
  • Acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study; or
  • Acting in accordance with a direction given by the Commissioner of Police under section 39RA; or
  • If deemed supply (over a trafficable quantity) the drugs were for personal use only.

 

CHOICES AT LAW OPTIONS

For Drug Supply, Rep-Revive Criminal & Employment Lawyers® offers the following options:

  1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
  2. At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
  3. Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
  4. Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

 

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