Drug Supply on an ongoing Basis

A person can be charged with the offence of supplying a drug on an ongoing basis if they supply any amount of drugs on three (3) separate occasions within any 30-day period in exchange for money or some other compensation.

This offence does NOT apply to the drug cannabis.

 

THE LAW

The offence of Supply Prohibited Drug on ongoing basis is set out in section 25(A) of the Drug Misuse and Trafficking Act 1988 (NSW) which states:

“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”.

According to the law it does not need to be the same drug which is supplied however the jury must be satisfied that the same 3 occasions did occur. Also, if the prosecution failed to particularise the 30-day period over which the offence had been committed this would be a fatal error in the prosecution’s case see R v Seymour [2001] NSWCCA 272

 

Maximum/Possible Penalties

This is one of the highest maximum penalties for drug related offences in NSW and carries a maximum penalty of 20 years imprisonment or 3,500 penalty units (fine of up to $385,000) (if heard in the District Court).

Ongoing supply can also be punished with a prison sentence of up to 2 years (if heard in the Local Court).

 In NSW, a court can impose any of the following penalties of:

• Full-time Imprisonment;
• An Intensive Correction Order (ICO);
• A Community Correction Order (CCO);
• A Conditional Release Order (CRO) and/or
• Fine

 

THE FACTS THAT MUST BE PROVEN

Since Supply a prohibited drug on an ongoing basis is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Supply a prohibited drug on ongoing basis.

To establish Supply, the prosecution must prove each of the following matters beyond reasonable doubt;

• You supplied a substance that is a prohibited drug on three or more occasions;
• Those occasions were within 30 consecutive days; and
• You obtained money or another form of compensation.

 

Defences

Some of the possible defences available for those charged with Supply prohibited drug on ongoing basis can include:

• To maintain that you did not supply any drugs;
• To argue that the drugs aren’t prohibited drugs;
• To argue that you did not do so three times or more times within 30 consecutive days;
• To argue that you did not receive a financial or material reward;
• If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”; or
• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”;

 

CHOICES AT LAW OPTIONS

For Drug Supply on an ongoing basis, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.