Drug Supply

DRUG SUPPLY OFFENCES NSW

The supply of a prohibited drug is a criminal offence with serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS A DRUG SUPPLY OFFENCE?

Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) makes it a criminal offence to supply or knowingly take part in the supply of a prohibited drug.

WHAT DOES SUPPLY MEAN?

Section 3 of the Drug Misuse and Trafficking Act 1985 (NSW) defines supply as sell and distribute, and also includes:

• Agreeing to supply
• Offering to supply
• Keeping or having in possession for supply
• Sending, forwarding, delivering or receiving for supply
• Authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

As per the definition, it is not necessary for a person to be present at a physical transaction and exchange of drugs and money to be found to have committed the act of ‘supply’.

WHAT ARE PROHIBITED DRUGS?

Section 3 of the Drug Misuse and Trafficking Act 1985 (NSW) defines prohibited drugs as any substances, other than a prohibited plant, specified in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW).

In listing the prohibited drugs, Schedule 1 states the quantity of each drug required to reach the threshold of a traffickable quantity, small quantity, indictable quantity, commercial quantity and large commercial quantity.

The below table states some of the more common prohibited drugs and the quantity required to meet the relevant thresholds:

WHAT ARE THE PENALTIES FOR A DRUG SUPPLY OFFENCE?

If you are convicted of an offence of drug supply, you may be liable to significant penalties, including a lengthy prison term. The extent of the penalty will depend on a variety of factors, in particular the actual quantity of drugs you are convicted of supplying.

Small Quantity: If you are convicted of the offence of drug supply of small quantities and the matter is dealt with summarily, you may face a maximum penalty of $5,500 and/or 2 years imprisonment.

Trafficable Quantity: If you are convicted of the offence of drug supply of trafficable quantities and the matter is dealt with summarily, you may face a maximum penalty of $11,000 and/or 2 years imprisonment.

Indictable Quantity: If you are convicted of the offence of drug supply with indictable quantities, you may be liable for a maximum penalty of $220,000 and/or 15 years imprisonment in the District Court.

Commercial Quantity: If you are convicted of the offence of drug supply of commercial quantities of prohibited substances, you may face a maximum penalty of $385,00 and/or 20 years imprisonment.

Large Commercial Quantity: If you are convicted of the offence of drug supply of large commercial quantities of illegal drugs, you may face a maximum penalty of a fine of up to $550,000 and/or life imprisonment.

NON-CUSTODIAL PENALTIES AVAILABLE TO THE COURT

Despite the serious terms of imprisonment associated with drug supply offences, our specialised lawyers at Criminal Lawyers Group have secured the avoidance of prison terms for our clients, including:

• Conditional Release Order
• Community Correction Order
• Intensive Correction Order
• Section 10 Dismissal

WHAT IF THE DRUG SUPPLY WAS TO A PERSON UNDER THE AGE OF 16?

Section 33AA of the Drug Misuse and Trafficking Act 1985 (NSW) provides for an increase to the punishment for supplying a drug to a person under the age of 16, above by what the penalty would otherwise have been had the supply been to someone aged 16 and above.

WHAT DOES THE PROSECUTION NEED TO PROVE FOR A CONVICTION OF A DRUG SUPPLY OFFENCE?

If you plead not guilty to the drug supply offence, the prosecution will need to prove beyond reasonable doubt that you are guilty of the drug supply offence. Our award-winning expert lawyers at Criminal Lawyers Group are nationally recognised for their record of obtaining not guilty verdicts for clients charged with drug supply offences.

WHAT ARE THE DEFENCES AGAINST GUILT FOR A DRUG SUPPLY OFFENCE?

The defences available to prevent a conviction for a drug supply offence include:

Duress: You may defend a drug supply charge on the basis of duress, which is that you supplied the drug under duress due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Personal use: You may defend a drug supply charge on the basis that the drugs were for personal use and not to be supplied to anyone else.

Carey Defence: The Carey defence holds that the drugs were temporarily in your possession with the intention of returning it to the owner of the drugs.

Licenced or authorised to supply the drug: The Drug Misuse and Trafficking Act 1985 (NSW) constitutes the criminal offence of drug supply to have not been committed if the individual was licenced or authorised to supply the drug:

• Under the Poisons and Therapeutic Goods Act 1966 or
• Was 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
• Was acting in accordance with a direction given by the Commissioner of Police under section 39RA.

WHAT FACTORS WILL AFFECT PUNISHMENT?

If you are convicted of a drug supply offence, the court may consider a number of factors that will determine the punishment you receive, including:

• The quantity of the drug supplied
• Your level and role in the supply of the drug
• Whether the supply was an isolated act
• The level of financial gain from committing the offence, if any
• Any criminal history
• The level and relevance of your own drug addiction, if any, as an alternative to the offence having been committed out of pure financial greed
• Any assistance you give to authorities is important in consideration of a reduced sentence
• Guilty plea

WHAT COURT ARE DRUG SUPPLY OFFENCES HEARD IN?

The court that drug supply offences are heard in depend on the quantity of the alleged drug supply in question.

Small and trafficable quantities are considered less serious and are generally heard in the Local Court, whilst indictable and commercial quantities are considered more serious and are generally heard in the District Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes across all levels of courts in NSW.

SHOULD I COMPLETE THE WRITTEN NOTICE OF PLEADING?

In some drug supply matters, the police may provide you with a Written Notice of Pleading, the completion of which allows you to plead in writing as an alternative to attend court. Do not complete this form without contacting us for legal advice.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our specialised drug supply lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.