Supply and Ongoing Supply of Prohibited Drugs- Section 25 & 25A of the Drugs Misuse and Trafficking Act 1985
“Supply” is a broad definition that includes the following:
- Can also agree to supply or even offering to supply
- have it in your possession for the purpose of supply
- sending, forwarding, receiving or receiving deliveries
- may include authorising, causing, attempting or permitting any of those act
“Knowingly Take Part In” is defined as the following:
- A person takes part in the cultivation or supply of a prohibited plant or the manufacture, production or supply of a prohibited drug if the person does the following:
- The person takes, or participates in, any step, or causes any step to be taken, in the process of that cultivation, manufacture, production or supply,
- The person provides or arranges finance for any such step in that process, or
- The person provides the premises in which any such step in that process is taken, or suffers or permits any such step in that process to be taken in premises of which the person is the owner, lessee or occupier or in the management of which the person participates.
“Deem Supply” is where it is deemed that the drugs in your possession is for the purpose of supply, where the amount of the drug is not less than the “traffickable quantity”. If the possession of drugs is proved to be not less than the traffickable amount, then the onus is on you to prove on the balance of probabilities that the drugs in your possession was otherwise than for supply. The quantity of drug varies from one drug to another. Purity of the drug is not relevant in the circumstances, only the weight is a relevant factor.
“Ongoing Supply”- this offence is not applicable to cannabis. For this offence to be made out, the ongoing supply must involve at least on three (3) separate occasions within a 30-day period. The acts of supply must constitute some form of monetary benefit or other material reward.
Your Options in Court
Pleading Not Guilty
It is important that you speak to an experienced criminal defence lawyer who will be able to advise you of your options.
If you decide or have been advised to plead guilty to drug supply after receiving legal advice from an experienced criminal defence lawyer, it is crucial that your case is sufficiently prepared to maximise your chances at obtaining a lenient sentence.
Utilitarian Value or 25% discount on punishment
The discount for the utilitarian value of the plea of guilty will be determined largely by the timing of your plea entered. That means, the earlier you enter a plea of guilty, the greater discount you receive on your punishment and also the type of sentence you receive.
The utilitarian value of a delayed plea is less and consequently the discount is reduced.
Types of Penalties
Types of penalties the Judge can impose on you include any one of the following:
- Conditional Release Order
Our expert defence team at Criminal Lawyers Sydney may be able to negotiate the police ‘facts’ to reduce the seriousness of the offence.
Our team will guide you on obtaining materials which can be handed-up to the court during your sentencing – including a letter of apology, character references, and any documents from counsellors or health care professionals you have consulted.
These materials, together with persuasive verbal submissions by your lawyer in the courtroom, can help to ensure you receive the most lenient penalty that is possible in the circumstances.
If you have been charged with drug supply, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with one of our experienced Sydney drug lawyers who will review the allegations and advise you of your options and the best way forward.