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Drug Supply on an ongoing basis
Criminal Offences
The offence of Supply a prohibited drug on an ongoing basis is found in section 25( A)of the Drug Misuse and Trafficking Act 1985 (NSW) which deems a person guilty if they have supplied a prohibited drug on an ongoing basis.
You could be charged with Supply a prohibited drug on an ongoing basis if you are:
- Selling a quantity of a prohibited drug on three or more occasions.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- That you had supplied a prohibited drug; and
- That you had supplied that prohibited drug on three of more occasions within a 30 consecutive day period; and
- That you received money or another form of compensation from the supply.
What are the maximum penalties for this offence?
The maximum penalties for Drug supply on an ongoing basis in NSW are:
- A fine of $382,000.00; and/or
- 20 years imprisonment.
What is Supply?
You don’t necessarily have to be caught in the act of physically supplying a prohibited drug to be deemed ‘supplying’.
Supply can encompass various actions, including selling, agreeing to sell, offering to sell, distributing, possessing it with the intent to sell, sending, forwarding, or receiving deliveries.
Deemed Supply refers to situations where you were found in possession of drugs, and if the amount is not less than the traffickable quantity, law enforcement may allege that you intended to supply them. If this is disputed, the burden falls on you to prove, on the balance of probabilities, that the drugs were in your possession for a reason other than supply.
Ongoing Supply is a more serious offence under section 25A of the Drug Misuse and Trafficking Act 1985. Police can charge you if they can demonstrate that you were involved in the supply of a prohibited drug on at least three separate occasions within a 30-day period.
Understanding the Offence of Drug Supply
Supplying a prohibited drug on an ongoing basis is one of the most severe drug offences in NSW. You will need an expert criminal lawyer if charged. Barsha Defence Lawyers has the best criminal lawyers in Sydney for drug supply offences. We regularly secure section 10s, meaning no convictions for our clients charged with this offence.
Serious Penalties for Ongoing Drug Supply
Drug supply on an ongoing basis carries one of the harshest penalties: imprisonment for up to 20 years and/or a fine of $385,000.00. The conditions of this offence are easily met at all levels of drug supply, placing low-level dealers and drivers at risk of being charged.
Why You Need Expert Legal Representation for Drug Charges
We recommend contacting our expert drug lawyers immediately if you have been charged with drug supply on an ongoing basis or believe you will be. Whether charged with smaller supplies from your apartment, as a dial-a-dealer driver, or with larger supplies, Barsha Defence Lawyers can help you achieve the best results in court.
What is “Supply a Prohibited Drug on an Ongoing Basis” in NSW?
Legal Definition and Requirements of Drug Supply
In NSW, if you are caught supplying prohibited drugs on three separate occasions in exchange for money or other compensation within 30 days, you can be charged with Drug Supply on an Ongoing Basis. This applies to all drugs except cannabis, which is treated differently under NSW laws. This offence is outlined in Section 25(A) of the Drug Misuse and Trafficking Act 1988 (NSW).
What is Considered “Supply” Under NSW Law?
Supplying a prohibited drug is defined as an offence in Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). Section 3 of the Act defines “supply” as including selling, distributing, agreeing to supply, offering to supply, keeping or possessing for supply, sending, forwarding, delivering, receiving for supply, or authorizing, directing, causing, suffering, permitting, or attempting any of these actions.
How to Beat a Charge of Supplying a Prohibited Drug on an Ongoing Basis
Defending Against Drug Supply Charges
To avoid conviction, the prosecution must prove beyond reasonable doubt that you:
- Supplied or knowingly took part in the supply of a prohibited drug (excluding cannabis)
- On three or more occasions
- For financial or material reward
- Within a period of 30 consecutive days
Common Defences for Drug Supply Charges
Common defences include:
- Proving the drugs weren’t yours, indicating they were for personal use or held for someone else.
- Arguing you did not supply drugs three times or more within 30 consecutive days.
- Other defences might involve claiming duress, the drugs were not prohibited, or no financial/material reward was received.
It’s crucial to speak with an experienced drug lawyer to develop the best defence for your unique circumstances.
Pleading Guilty to Supplying Drugs on an Ongoing Basis
If you agree that you committed the offence and the police can prove it, pleading guilty might be the best course. Pleading guilty can result in a reduced sentence, as it is seen as demonstrating remorse.
Importance of Legal Representation When Pleading Guilty
If you decide to plead guilty, securing the best legal representation is critical. Our experienced solicitors can negotiate with prosecutors to have you plead guilty to less serious facts or charges, ensuring the best outcomes.
Penalties for Supplying a Prohibited Drug on an Ongoing Basis
Maximum Penalties for Drug Supply Charges
Supplying a prohibited drug on an ongoing basis can result in:
- Imprisonment for up to 20 years
- A fine of up to $385,000.00
These severe penalties are typically reserved for the worst offenders.
Which Court Will Hear My Drug Supply Charge in NSW?
Drug supply on an ongoing basis is an indictable offence, meaning it will be finalized in either the District or Supreme Court.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.