Supply Prohibited Drug on Ongoing Basis Lawyer Parramatta, Sydney & NSW
Charged with supplying a prohibited drug on an ongoing basis in Parramatta, Sydney, or NSW? This is one of the most serious drug offences in NSW, carrying a maximum penalty of 20 years imprisonment and/or $385,000 fine. It is a strictly indictable offence that must be dealt with in the District Court and almost always results in full-time imprisonment unless you have exceptional circumstances and expert legal representation.
At Barsha Defence Lawyers, we have offices in Parramatta (5 minute walk to Parramatta District Court) and Norwest (serving Castle Hill and Hills District). We regularly defend ongoing drug supply charges in Parramatta District Court, Sydney Downing Centre District Court, and Supreme Court. Our experienced criminal defence team understands how to challenge the prosecution's case and achieve the best possible outcomes for serious drug supply charges.
What Is Supply Prohibited Drug on an Ongoing Basis in NSW?
Supply prohibited drug on an ongoing basis is an offence under section 25A of the Drug Misuse and Trafficking Act 1985 (NSW). You are guilty of this offence if you:
- Supplied a prohibited drug (excluding cannabis leaf)
- On three or more separate occasions
- Within a 30 consecutive day period
- In exchange for financial or material reward (money, goods, services, or other consideration)
This offence targets drug dealers and suppliers who operate on an ongoing or regular basis, rather than one-off supply incidents. It carries significantly harsher penalties than a single drug supply charge.
Critical: This Charge Applies to All Drug Dealers - Not Just Large Operations
You don't need to be running a large-scale drug trafficking operation to be charged under section 25A. Even low-level street dealers, "dial-a-dealer" drivers, or people selling small amounts to friends can be charged if they supply drugs three or more times within 30 days for payment. Police often use phone intercepts, text messages, and surveillance to prove multiple supply occasions.
What Must the Prosecution Prove for Ongoing Drug Supply?
For ongoing drug supply charges at Parramatta District Court, Sydney Downing Centre, or Supreme Court, the prosecution must prove beyond reasonable doubt:
- You supplied a prohibited drug (not cannabis leaf) OR knowingly took part in the supply
- You supplied on three or more separate occasions — each supply must be a distinct transaction
- All three supplies occurred within 30 consecutive days — the 30-day period can be any rolling 30-day window
- You received financial or material reward for the supply — money, drugs, goods, services, or other benefit
- The substance was a prohibited drug — proven through forensic certificates for each supply
The prosecution does NOT need to prove the exact dates of each supply — they only need to prove that at least three supplies occurred within a 30-day period.
Drug Supply on Ongoing Basis Penalties NSW
The penalties for ongoing drug supply in NSW are severe:
| Quantity Category | Maximum Penalty | Court |
|---|---|---|
| Standard Ongoing Supply (Section 25A) | $385,000 fine and/or 20 years imprisonment | District Court (strictly indictable) |
| Large Commercial Quantity Ongoing Supply | $550,000 fine and/or life imprisonment | Supreme Court (strictly indictable) |
Imprisonment Is Almost Certain for Ongoing Supply Convictions
Unlike simple drug possession or even single supply charges, ongoing drug supply convictions almost always result in full-time imprisonment. Even first-time offenders typically receive custodial sentences of several years. The only exceptions are extremely rare cases with exceptional circumstances and outstanding legal representation.
Examples of Ongoing Drug Supply
Common scenarios that result in ongoing drug supply charges in Parramatta, Sydney, and NSW include:
1. "Dial-a-Dealer" Operations
You receive phone calls or text messages from customers, deliver drugs to them, and collect payment. Police often use phone intercept evidence to prove multiple supplies within 30 days.
2. Street-Level Dealing
You sell small amounts of drugs (cocaine, MDMA, methamphetamine) to multiple customers from your home, car, or on the street over several weeks.
3. Social Supply for Payment
You regularly supply drugs to friends or acquaintances in exchange for money, even if you're not a "professional" dealer. Supplying to three friends on three occasions within a month is enough.
4. Middleman/Runner Operations
You collect money from customers and deliver drugs on behalf of a larger supplier, receiving payment (money or drugs) for your role.
How Police Prove Ongoing Drug Supply
Police use various investigative techniques to prove ongoing supply in Parramatta and Sydney cases:
- Phone intercept evidence: Listening devices on your phone recording drug transactions
- Text message evidence: Messages discussing drugs, prices, and delivery arrangements
- Surveillance evidence: Police observations of multiple drug transactions
- Undercover operations: Undercover police officers purchasing drugs from you on multiple occasions
- Witness statements: Customers or co-accused providing evidence of multiple supplies
- Financial records: Bank deposits, money transfers, or cash seizures showing drug proceeds
- Drug ledgers or tick lists: Records showing customer debts and drug transactions
Defences to Ongoing Drug Supply Charges NSW
There are several defences to ongoing drug supply charges that an experienced Parramatta or Sydney drug lawyer can raise:
1. Less Than Three Supplies
The prosecution cannot prove you supplied drugs three or more times. Perhaps they can only prove one or two supplies beyond reasonable doubt. This is the most common defence.
2. Supplies Not Within 30 Days
The alleged supplies did not all occur within a 30 consecutive day period. If the timeframe exceeds 30 days, the charge cannot be proven.
3. No Financial or Material Reward
You did not receive money, drugs, goods, or any other benefit for the supplies. Free social supply (without payment) does not satisfy section 25A, though it may still be simple drug supply.
4. Lack of Knowledge or Participation
You did not know drugs were being supplied or you did not knowingly participate in the supply operation. Perhaps someone used your phone or car without your knowledge.
5. Duress
You were forced or threatened to supply drugs due to serious threats to your safety or your family's safety.
6. Unlawful Search and Phone Intercepts
Police conducted illegal searches or obtained phone intercept evidence without proper warrants or legal authority. Evidence may be excluded under section 138 Evidence Act.
7. Identity Issues
The prosecution cannot prove you were the person who supplied the drugs on each occasion.
Which Court Hears Ongoing Drug Supply in Parramatta & Sydney?
Ongoing drug supply under section 25A is a strictly indictable offence, meaning:
- It cannot be dealt with in the Local Court
- It must be dealt with in the District Court or Supreme Court
- You are entitled to a jury trial
- Matters typically proceed through committal hearing in Local Court first
Most ongoing drug supply cases in Parramatta and Sydney are heard at:
- Parramatta District Court (George Street, Parramatta)
- Sydney Downing Centre District Court (Elizabeth Street, Sydney)
- NSW Supreme Court (for large commercial quantity cases)
Ongoing Drug Supply Court Process in Parramatta & Sydney
The typical court process for ongoing drug supply charges:
- Arrest or Charge: Police charge you and provide Court Attendance Notice for Local Court
- First Appearance (Mention): Matter listed at Parramatta or Sydney Local Court
- Brief of Evidence: Police provide full brief including phone intercepts, surveillance, forensic certificates
- Committal Hearing: Evidence tested before magistrate who decides if sufficient case for District Court
- Committal: Matter committed to Parramatta District Court or Downing Centre District Court
- Arraignment: You formally enter plea of guilty or not guilty before judge
- Pre-Trial Hearing (if not guilty): Legal arguments, evidence disputes, trial preparation
- Sentence Hearing or Jury Trial: If guilty plea, sentencing. If not guilty, trial before judge and jury
- Verdict & Sentence: Jury delivers verdict, judge delivers sentence
Ongoing drug supply matters typically take 18-24 months from charge to finalization in Parramatta or Sydney District Court.
How a Parramatta or Sydney Ongoing Drug Supply Lawyer Can Help
An experienced ongoing drug supply lawyer from Barsha Defence Lawyers will:
- Review phone intercept evidence for legal and procedural errors
- Challenge whether three separate supplies can be proven beyond reasonable doubt
- Analyze whether all supplies occurred within 30 consecutive days
- Contest whether financial reward was received for each supply
- Negotiate with DPP prosecutors for withdrawal, downgrade to simple supply, or favorable facts
- Contest committal proceedings to prevent matter going to District Court
- Prepare comprehensive sentencing submissions to minimize jail time
- Apply for Intensive Correction Orders (serve sentence in community, not jail)
- Run jury trials in Parramatta and Sydney District Courts
- Challenge surveillance evidence and undercover operations
- Cross-examine police witnesses and expert witnesses
Related Drug Offences
- Drug Supply — single supply, less serious than ongoing supply
- Drug Possession — possession for personal use
- Drug Cultivation — growing cannabis or prohibited plants
- Bail Applications — urgent bail for ongoing supply charges
Why Choose Barsha Defence Lawyers for Ongoing Drug Supply?
- Offices in Parramatta & Norwest: 5 min walk to Parramatta District Court, FREE parking at Norwest
- 15+ Years Serious Drug Offence Experience: Defended hundreds of indictable drug supply cases
- District Court Specialists: Extensive experience in Parramatta and Sydney District Courts and Supreme Court
- Jury Trial Experience: Skilled at running contested jury trials for drug offences
- Available 24/7 for Bail: Urgent ongoing supply bail applications handled immediately
- Fixed Fees for District Court: Transparent pricing for indictable matters
- Free Consultation: No obligation case assessment
Charged with Supply Prohibited Drug on Ongoing Basis?
This is one of the most serious drug charges in NSW. You face up to 20 years imprisonment. Don't face these charges alone — get expert legal advice immediately.
- FREE initial consultation
- 15+ years defending serious drug supply charges
- Parramatta office (walk to District Court) & Norwest office
- Appear in Parramatta District Court, Downing Centre & Supreme Court
- Expert at challenging phone intercept evidence
- Available 24/7 for urgent bail applications
- Fixed, transparent fees for indictable matters
Call Now: 0474 708 070
Email: **@**********************om.au
Parramatta Office: Suite 48 Level 1/93 George St, Parramatta NSW 2150
Norwest Office: 4 Columbia Court, Norwest NSW 2153