What is the offence of Supply a prohibited drug on an ongoing basis?
The offence of Supply a prohibited drug on an ongoing basis is found at section 25A of the Drugs (Misuse and Trafficking) Act 1985.
Supply a prohibited drug on an ongoing basis is an offence that can be established by evidence of you actually supplying a drug (e.g. witness evidence, phone intercepts and text messages) or by the amount of the drugs in your possession. Common examples of where a person’s prospects of successfully defending the charge are increased include where the prosecution is reliant on the testimony of one witness, phone taps or text messages open to interpretation, the drugs are found in a communal area of a property or car, or in circumstances where possession of the drugs for personal use can be established.
If you are charged with the offence of Supply a prohibited drug on an ongoing basis, your options will normally be to plead guilty or not guilty.
Pleading not guilty
You will be found not guilty of the offence of Supply a prohibited drug on an ongoing basis drug if the police cannot prove beyond reasonable doubt:
- You supplied or knowingly took part in the supply of a prohibited drug (not being cannabis);
- On 3 or more occasions;
- For financial or material reward;
- During a period of 30 consecutive days.
Supply includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, for warding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
What are the defences to Supply?
If the police are able to prove you committed the offence beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Contact our offices in Sydney, Parramatta, Blacktown and Redfern to organize a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Supply a prohibited drug on an ongoing basis.
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
If you are found to be substantially involved in supply or trafficking then the law provides that a full time term of imprisonment must be imposed in all but exceptional circumstances. In considering the appropriate sentence, the quantity of the drug supplied is relevant, but it is wrong merely to consider the quantity and the magnitude of the operation of supplying drugs is a relevant matter. If your supply forms part of a wider syndicate the court will consider where you fall in the drug hierarchy, with those at the lower end given the more lenient sentences.
Supply a prohibited drug on an ongoing basis carries a maximum penalty of imprisonment for 20 years and/or a fine of $385,000.00. However, these penalties are typically reserved for the worst offenders. Nonetheless, Supply a prohibited drug on an ongoing basis is an extremely serious criminal offence and if you are charged with this offence you should contact our office immediately.
Penalties that a court can impose in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Full time imprisonment
What AC Law Group?
Our solicitors are experts at obtaining the best outcome possible for Supply offences. For these offences, a good lawyer can be the difference between a section 1o and criminal record and freedom or gaol. To read more about AC Law Group, click here.
To discuss your Supply charge, call AC Law Group at our Sydney, Parramatta, Blacktown and Redfern offices or make a website inquiry today.
Case Study 1
AC Law Group represented a client charged with ongoing supply of methylamphetamine, with the 3 transactions totaling almost 40 grams of ice. Our solicitor put before the court evidence of the client’s refugee background and evidence that consequential to past trauma he had attempted suicide twice prior to self-medicating with drugs. Our client gave evidence that he supplied the drugs at the urging his drug dealer to feed his own habit. The Judge found the case to be exceptional and despite our client being found to be substantially involved in supply, he received an Intensive Correction Order and did not go to gaol.
Case Study 2
AC Law Group represented a client charged with Ongoing Supply of MDMA and Methylamphetamine, supply of 170 grams of MDMA and supply of 3000 grams of cannabis. The offending occurred over 6 months and involved dozens of transactions to an undercover police officer. It could only be described as extremely serious and a gaol term of some length was inevitable. Our solicitor ran a case based on our client’s documented mental health issues and significant family support. In the end, our client received a sentence of 2 years imprisonment, which was well less than the co-Accused and a fraction of what other similar offenders receive.