Drug supply is one of the most serious drug-related offences under NSW law, attracting harsh penalties and often lengthy custodial sentences. These offences are commonly prosecuted in Waverley Local Court, Newtown Court House, and the Downing Centre Local Court, particularly due to the strong demand for cocaine across Sydney’s eastern suburbs, the inner-west, and the CBD nightlife districts.
Under the Drug Misuse and Trafficking Act 1985 (NSW), a person can be charged with supply even if the drugs were intended for personal use or were not physically found on them.
📜 LEGAL DEFINITION OF DRUG SUPPLY
Drug supply is primarily dealt with under Section 25 of the Act:
“A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.”
But the law goes further — you can be charged with supply even without selling anything, through what is known as “deemed supply.”
🔁 WHAT IS “DEEMED SUPPLY”?
If police find a quantity of drugs above the “traffickable quantity,” they can legally presume the drugs were for supply — even if you say they were for personal use.
For cocaine, this amount is very small:
- Cocaine traffickable quantity: 3 grams
- Indictable quantity: 5 grams
- Commercial quantity: 250 grams
- Large commercial quantity: 1 kilogram
This is why courts in high-demand areas like Bondi (Waverley), Surry Hills (Downing Centre), and Newtown see frequent supply prosecutions involving relatively small amounts of cocaine.
💊 WHAT COUNTS AS “SUPPLY”?
“Supply” is broadly defined, and includes:
- Selling drugs
- Sharing drugs with friends
- Holding drugs for someone else
- Delivering drugs
- Offering or agreeing to supply
- Having drugs above traffickable quantities (deemed supply)
- Participating in any step of the supply chain
You can also be charged with ongoing supply if police allege repeated transactions.
👨⚖️ PENALTIES FOR DRUG SUPPLY IN NSW
Penalties depend heavily on:
- the quantity of the drug
- your role (user, courier, dealer, organiser)
- your criminal history
- whether the matter stays in the Local Court or is sent to the District Court
Maximum penalties range up to:
- 15 years imprisonment for indictable supply
- 20 years imprisonment for commercial supply
- Life imprisonment for large commercial supply
However, many first-time offenders — especially those facing deemed supply — can avoid full-time custody with strong legal representation.
🧑⚖️ HOW POLICE PROVE DRUG SUPPLY
To secure a conviction, prosecutors must prove beyond reasonable doubt that you:
- Possessed a prohibited drug (custody or control), and
- Knew it was in your possession, and
- Intended to supply it (or are deemed to have intended to supply it due to quantity).
Knowledge is a critical element. If police cannot prove you knew the substance was present, you cannot be convicted — a common issue in cases involving:
- shared cars
- rideshare vehicles
- borrowed jackets or bags
- homes with multiple occupants
- deliveries or packages handled by several people
❌ DEFENCES TO DRUG SUPPLY CHARGES
Common defences include:
1️⃣ Lack of Knowledge
You did not know the drugs were in your possession — for example, drugs hidden in:
- a borrowed vehicle
- a shared boot or glovebox
- a house you share with others
2️⃣ No Possession
You did not have exclusive control or custody of the location where the drugs were found.
3️⃣ Not for Supply
The drugs were for personal use, and the prosecution cannot prove intent to supply.
4️⃣ Unlawful Search
If police stopped, searched, or detained you unlawfully, the evidence may be excluded.
5️⃣ Forensic Errors
Faulty drug analysis, contamination, or incorrect weighing may invalidate the charge.
6️⃣ Duress or Necessity
You only took part in the supply due to threats or exceptional circumstances.
⚖️ TYPICAL OUTCOMES IN WAVERLEY, NEWTOWN & DOWNING CENTRE COURTS
These courts regularly deal with cocaine supply matters arising from:
- Bondi, Tamarama, Coogee, Randwick (Waverley Court region)
- Surry Hills, Darlinghurst, CBD nightlife zones (Downing Centre)
- Newtown, Enmore, Marrickville, Camperdown (Newtown Court House)
Possible outcomes include:
- Charges withdrawn (weak evidence or illegal search)
- Downgraded to possession (from supply or deemed supply)
- Section 10/CRO without conviction
- Good behaviour bonds
- Community Correction Orders
- Intensive Correction Orders (ICO) instead of jail
- Full-time imprisonment for serious or commercial matters
Clients may avoid convictions with early legal intervention.
📚 CASE STUDY: DEEMED SUPPLY DOWNGRADED AT THE DOWNING CENTRE
Our client was charged with deemed supply of cocaine after police found 12 grams during a festival operation.
Police presumed the cocaine was for supply based on weight alone.
We obtained:
- toxicology evidence showing regular personal use
- character references
- drug counselling records
After negotiations, the charge was downgraded to possession, and the client received a non-conviction order.
This demonstrates the importance of challenging deemed supply assumptions.
🧑💼 WHY YOU NEED AN EXPERIENCED DRUG SUPPLY LAWYER
Drug supply is one of the most complex and technical areas of criminal law. You need a lawyer who can:
- challenge police assumptions about intent to supply
- argue lack of possession or knowledge
- negotiate charge downgrades
- contest illegal searches and sniffer dog operations
- obtain forensic testing and expert reports
- represent you in high-pressure courts like Waverley, Newtown & Downing Centre
Early preparation can be the difference between a conviction and walking away.
📞 CONTACT US — 24/7 LEGAL HELP
Facing drug supply or deemed supply charges in NSW?
We appear daily in Waverley Local Court, Newtown Court House, and the Downing Centre, where cocaine-related prosecutions are increasingly common.
📱 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
Criminal Lawyers Group – Serious Defence for Serious Drug Supply Charges.