A person can be charged with the offence of supplying a drug on an ongoing basis if they supply any amount of drugs on three (3) separate occasions within any 30-day period in exchange for money or some other compensation.
This offence does NOT apply to the drug cannabis.
The offence of Supply Prohibited Drug on ongoing basis is set out in section 25(A) of the Drug Misuse and Trafficking Act 1988 (NSW) which states:
“A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence”.
According to the law it does not need to be the same drug which is supplied however the jury must be satisfied that the same 3 occasions did occur. Also, if the prosecution failed to particularise the 30-day period over which the offence had been committed this would be a fatal error in the prosecution’s case see R v Seymour  NSWCCA 272
This is one of the highest maximum penalties for drug related offences in NSW and carries a maximum penalty of 20 years imprisonment or 3,500 penalty units (fine of up to $385,000) (if heard in the District Court).
Ongoing supply can also be punished with a prison sentence of up to 2 years (if heard in the Local Court).
In NSW, a court can impose any of the following penalties of:
Since Supply a prohibited drug on an ongoing basis is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accused’s guilt beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of Supply a prohibited drug on ongoing basis.
To establish Supply, the prosecution must prove each of the following matters beyond reasonable doubt;
Some of the possible defences available for those charged with Supply prohibited drug on ongoing basis can include:
For Drug Supply on an ongoing basis, Rep-Revive Criminal & Employment Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
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If you are charged with an offence, our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.