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Supply a Prohibited Drug on an Ongoing Basis 

Supply a prohibited drug on an Ongoing Basis is one of the most serious drug offences for which you will need an expert criminal lawyer.  Australian Criminal Law Group has the best criminal lawyers in Sydney for drug supply offences.  We regularly receive section 10s, no convictions for our clients charged with this offence.  

Drug supply on an ongoing basis carries one of the harshest maximum penalties of imprisonment for 20 years and/or a fine of $385,000.00.   However, the conditions of this offence are so easily met at all levels of drug supply that it places low level dealers and drivers at risk of being charged with this offence.   

That’s why we recommend getting in contact with our expert drug lawyers immediately if you have been charged with drug supply on an ongoing basis or you believe you will be.  Whether you are charged with smaller supplies from your apartment or as a dial a dealer driver, or if you’re charged with larger supplies, Australian Criminal Law Group can help you get the best results in court.     

Call us on (02) 8815 8167, send us a web enquiry or email us at info@aclawgroup.com.au.

What is “Supply a Prohibited Drug on an Ongoing Basis” 

In NSW, if you are caught supplying prohibited drugs on three separate occasions in exchange for money or other form of compensation within a 30 day period, you can be charged with the offence of Drug Supply on an Ongoing Basis.  

This applies for all drugs except cannabis which is treated differently in NSW laws.  

This offence is set out in section 25(A) of the Drug Misues and Trafficking Act 1988 (NSW).   

What is considered “Supply”? 

Supplying a Prohibited Drug is outlined as an offence in Section 25 – Supply of prohibited drugs of the Drug Misuse and Trafficking Act 1985 (NSW).   

Section 3 Drug Misuse and trafficking Act defines “supply”; 

“Supply includes sell and distribute. It also includes agreeing to supply or offering to supply, keeping or having in possession for supply, sending, forwarding, delivering or receiving for supply, or authorizing, directing, causing, suffering, permitting or attempting any of those acts or things.” 

Drug Misuse and Trafficking Act, Section 3, accessed 13 June 2021 at 10:42am 
https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/drug_misuse_and_trafficking_act.html  

How do I beat a charge of Supplying a prohibited drug on an ongoing basis? 

If you are charged with Supplying a prohibited drug on an ongoing basis, do not settle for second best when it comes to this very serious offence.   

You will be found not guilty of the offence of Supply of 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 three or more occasions; 
  • For financial or material reward; 
  • During a period of 30 consecutive days. 

What are common defences for Supply a Prohibited Drug on an Ongoing Basis? 

The most common defence for drug supply is that the drugs weren’t yours. To Use this defence you must be able to prove that you were either holding them for someone else or that they were for personal use.   

Another common defence for drug supply on an ongoing basis is to argue that you did not supply drugs three times or more within 30 consecutive days. 

There are many other defences that could be used if you have been charged with this offence.  This include such things as claiming you were under duress,  that they weren‘t prohibited drugs, and/or that you didn’t receive any financial or other reward.    However, it is critical that you speak with an experienced drug lawyer about your case as every case is unique.  

The right drug lawyer will be able to craft the best defence for you and your unique circumstances

Pleading Guilty to supplying drugs on an ongoing basis 

The Drug Misuse and Trafficking Act states that a person can be charged with Supply on an Ongoing Basis when; 

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.  

Drug Misuse and Trafficking Act, Section 25(A), accessed 12 June 2021 at 11:00am 
https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/drug_misuse_and_trafficking_act.html 

 If you agree that you have committed this offence and the police are able to prove so, it is best to plead guilty.    

By pleading guilty when you are guilty of drugs offences, you will normally receive a discount on your sentence.  This is because the act of pleading guilty is considered by the court to be demonstrating remorse for your action.   

If you intend to plead guilty, if is critical that you get the best legal representation to ensure the best outcomes.  Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge. 

What are the Penalties for Supply a Prohibited Drug on an Ongoing Basis? 

Supply a prohibited drug on an ongoing basis carries one of the harshest maximum penalties for drugs charges with a maximum penalty of imprisonment for 20 years and/or a fine of $385,000.00.  These penalties are typically reserved for the worst offenders.  

Supplying 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. 

You can read about all the sentencing options that a court has, including section 10 no conviction recorded. 

Which Court will my Supply Prohibited Drugs Charge be heard in? 

Drugs supply on an ongoing basis is an indictable offence. That means that it will be finalised in eitherthe District or Supreme Court. 

Do I need references for drug charges in court? 

If you decide to plead guilty to any drug related offence, we believe it is extremely important to have good character references.  Good references almost always lessen the severity of the penalty handed down for guilty pleas.    

It is important that your references are written well if you would like them to work in your favour.  Refer to our information on court processes and references to learn what a good character reference looks like and how to write a good one yourself.  

WHY CHOOSE AUSTRALIAN CRIMINAL LAW GROUP? 

Our criminal lawyers are experts at obtaining the best outcome possible for supplying a prohibited drug on an ongoing basis. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.  

To discuss your charge of supplying a prohibited drug on an ongoing basis, call Australian Criminal Law Group at our SydneyParramatta, and Blacktown offices.  Call us on (02) 8815 8167 or make a website inquiry today.

CASE STUDY 

Mr Correy appeared with a client charged with supplying a prohibited drug on an ongoing basis. He had sold ice to an undercover police officer on four occasions. Mr Correy argued the conduct of the police bordered on entrapment. He argued that the Accused had been targeted because he had spent most of his life. Mr Correy convinced a judge that despite the offence, his client had changed, and the judge did not send the client to prison, instead placing him on a six-month ICO. 

CASE STUDY 

Australian Criminal 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 jail. 

CASE STUDY 

Australian Criminal 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 six months and involved dozens of transactions to an undercover police officer. It could only be described as extremely serious and a jail 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 two years imprisonment. This was well less than the co-Accused and a fraction of what other similar offenders receive. 

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