Supplying Prohibited Drugs on an Ongoing Basis

THINGS YOU NEED TO KNOW:

1. Supplying prohibited drugs on an ongoing basis is a criminal offence which can result in imprisonment.
2. Supplying prohibited drugs on an ongoing basis is an offence under Section 25A of the Drug Misuse and Trafficking Act 1985 (NSW).
3. Supplying prohibited drugs on an ongoing basis matters are heard in the Local Court and District Court.
4. It is not required that the same drug be supplied on each occasion for a conviction.
5. The offence does not apply to the drug cannabis.

The criminal offence of supplying a prohibited drug on an ongoing basis is a serious offence with severe 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 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 IS THE CRIMINAL OFFENCE OF SUPPLYING PROHIBITED DRUGS ON AN ONGOING BASIS?

Section 25A of the Drug Misuse and Trafficking Act 1985 (NSW) constitutes it a criminal offence for a person to, on 3 or more separate occasions during any period of 30 consecutive days, supply a prohibited drug (other than cannabis) for financial or material reward.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF SUPPLYING PROHIBITED DRUGS ON AN ONGOING BASIS?

Section 25A of the Drug Misuse and Trafficking Act 1985 (NSW) prescribes a maximum penalty of 20 years imprisonment and/or a fine of 3,500 penalty units for a person convicted of the criminal offence of supplying prohibited drugs on an ongoing basis. This maximum term is generally reserved for the most serious of offenders.

WHAT IF EACH OCCASION WAS A DIFFERENT DRUG?

Section 25A of the Drug Misuse and Trafficking Act 1985 (NSW) states that a person is liable to be convicted of the criminal offence of supplying prohibited drugs on an ongoing basis whether or not the same prohibited drug is supplied on each of the occasions relied on as evidence of commission of the offence.

For example, if cocaine was supplied on the first occasion, heroine supplied on the second occasion and ice supplied on the third occasion, and all other requirements were met, all three would count for the purposes of the criminal offence of supplying prohibited drugs on an ongoing basis.

JURY MUST BE SATISFIED ON ALL THREE OCCASIONS

It is a requirement under Section 25A of the Drug Misuse and Trafficking Act 1985 (NSW) that if, on the trial of a person for an offence under this section, more than 3 occasions of supplying a prohibited drug are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.

WHAT ARE THE DEFENCES AGAINST GUILT FOR A SUPPLYING PROHIBITED DRUGS ON AN ONGOING BASIS CONVICTION?

Did not supply on 3 or more occasions: That you did not commit the act of supplying prohibited drugs on 3 or more separate occasions during any period of 30 consecutive days.

Not for financial or material reward: That the drugs were not supplied for a financial or material reward.

Not prohibited drugs: That the items you supplied were not prohibited drugs and that they were not represented to be prohibited drugs.

Duress: You may defend a supplying prohibited drugs on an ongoing basis conviction on the defence of duress, which is that you supplied the prohibited drugs on an ongoing basis 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.

Other defences against a conviction of the criminal offence of supplying prohibited drugs on an ongoing basis may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you.

WHAT ARE SOME EXAMPLES OF SUPPLYING PROHIBITED DRUGS ON AN ONGOING BASIS OFFENCES?

Examples of actions that may constitute the criminal offence of supplying prohibited drugs on an ongoing basis include, but are not limited to:

• Dealing heroine and ecstasy on 3 occasions within a 2 week period
• Selling two friends cocaine on 4 occasions within a 1 week period
• Buying and reselling drugs to street dealers on 6 occasions within a 28 day period

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED?

If you are convicted of a supplying prohibited drugs on an ongoing basis offence, the court may consider a number of factors that will determine the punishment you receive, including:

• The quantity of the drugs supplied
• Your level and role in the supply of the drug
• The level of financial gain from committing the offence
• Your level of 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
• Involvement and exploitation of vulnerable groups such as children and minorities
• Any assistance you give to authorities is important in consideration of a reduced sentence
• Guilty plea

WHAT COURT ARE SUPPLYING PROHIBITED DRUGS ON AN ONGOING BASIS OFFENCES HEARD IN?

The criminal offence of supplying prohibited drugs on an ongoing basis is heard summarily in the Local Court, unless the Office of the Director of Public Prosecutions elects for the offence to be dealt with on indictment in the District Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including supplying prohibited drugs on an ongoing basis offences in the Local Court and District Court.

WHAT ARE YOUR OPTIONS?

When facing a supplying prohibited drugs on an ongoing basis charge, you have several options in court. These include:

Pleading Not Guilty: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

Pleading Guilty: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

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 expert criminal 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.