Drug Supply in NSW

Supplying prohibited drugs in NSW is a serious criminal offence that carries severe penalties and is outlined under Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). NSW has strict laws surrounding the use, possession, and distribution of prohibited drugs, including cocaine, heroin, ecstasy, and cannabis. These laws are in place to protect the community and prevent drug-related harm, such as addiction, overdose, and crime.

What is Supplying Prohibited Drugs?

Supplying prohibited drugs in NSW is defined as the act of selling, giving away, or transporting illegal drugs. This can include providing drugs to another person, whether or not money or any other consideration was exchanged. It also includes agreeing to supply drugs, attempting to supply drugs, or being involved in the preparation or packaging of drugs for supply.

What must the prosecution prove to find me guilty of Supplying Prohibited Drugs?

To be found guilty of the offence of supplying prohibited drugs, the prosecution must prove beyond a reasonable doubt that:

• You supplied or agreed to supply a prohibited drug to another person.
  This can include selling, giving, transporting, or agreeing to supply a prohibited drug. The supply can be direct or indirect, and it does not require the exchange of money or any other consideration.
• You knew or believed that the substance was a prohibited drug.
  The accused must have known or believed that the substance they supplied was a prohibited drug. This knowledge or belief can be inferred from the circumstances surrounding the supply, such as the appearance or packaging of the substance.
• The substance supplied was, in fact, a prohibited drug.
  The prosecution must prove that the substance supplied was, in fact, a prohibited drug as defined by the relevant legislation.

Deemed Drug Supply in NSW

If you were found to have possession of a prohibited drug which was more than the ‘traffickable quantity’ for that particular drug, the police may charge you with supplying a prohibited drug under the ‘deemed supply’ principle as seen in Section 29 of the Drug Misuse and Trafficking Act 1985 (NSW). The onus will then be on the defence to prove, on a balance of probabilities, that you did not intend to sell or supply the prohibited drug.

For information as to what the ‘traffickable quantity’ is for each particular drug, please see the NSW Drug Quantities Table.

Can I be charged with Supplying Prohibited Drugs when I was only temporarily holding on to drugs for someone else?

If you are holding on to prohibited drugs temporarily for someone else with the intention of returning it to the owner of the drugs, you may not be criminally liable for supplying prohibited drugs.

Alternatively, it may be the case that ‘some’ of the prohibited drugs in your possession were being temporarily held for someone else, while you had the intention of supplying the remainder of the prohibited drugs for someone else. In this case, you may still be charged for supplying a prohibited drug, but for a lower amount than you were initially charged with.

This is known as the ‘Carey defence’, which is named after the case of R v Carey (1990) 20 NSWLR 292.

The Carey defence is a legal defence strategy that can be used in cases where a person is charged with supplying a prohibited drug. It is based on the principle that a person who is in temporary possession of drugs for another person should not be held criminally responsible for supply if they can prove that they did not intend to use or sell the drugs themselves.

The importance of this defence is that it may result in you being found not guilty of supplying a prohibited drug or, alternatively, not guilty of supplying a large commercial quantity of prohibited drugs but guilty of a lesser offence with a lower quantity and lower penalties.

What are the penalties for Supplying Prohibited Drugs?

The penalties for supplying prohibited drugs in NSW vary depending on the quantity and type of drug involved, the level of involvement, and the offender’s criminal history. The most severe penalties are reserved for those involved in large-scale drug operations, such as drug importation or commercial supply. These offences can carry a maximum penalty of life imprisonment.

For smaller-scale offences, such as the supply of a small quantity of drugs, the penalties can still be significant. However, where a drug supply matter is dealt with and finalised in the Local Court, the maximum penalty that may be imposed on sentence is 2 years imprisonment for a single offence, or 5 years for multiple offences. This limitation does not apply to the higher courts, such as the District Court.

What are the maximum penalties for Supplying Prohibited Drugs for the different quantities of drugs?

For more detailed information as to what qualifies as the applicable quantities for each different drug, please see the NSW Drug Quantities Table.

The penalties for drug offences in NSW are severe, and the courts take them very seriously. In addition to imprisonment and fines, drug offenders may also be required to undergo drug treatment programs or community service orders.

Drug Supply Lawyers in Sydney and Parramatta

To increase your chances of receiving a lenient outcome, it is important to speak with an experienced criminal lawyer who has knowledge of how the court proceedings work as well as the factors that a court may take into consideration when determining your sentence. An experienced drug lawyer in NSW can provide you with advice on what steps you should take to ensure your chances of receiving a lenient outcome are increased.

Rezae & Co Lawyers are specialists in drug supply cases and have received countless results where our clients have received lenient outcomes, including cases where our clients have received a Conditional Release Order (CRO) without receiving a conviction or a criminal record.

Rezae & Co Lawyers can provide you with a free consultation and can be contacted on 02 8893 1217.