Ongoing Drug Supply

Best Ongoing Drug Supply Lawyers

Our criminal Lawyers for ongoing drug supply charges understand that being charged with Drug supply on an ongoing basis can be life altering. We have extensive experience in analysing prosecution cases and finding discrepancies which can help prove your innocence.

You can view our recent results for ongoing drug supply charges here.

Contact us now to speak to a specialist drug lawyer.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Ongoing Drug Supply?

  Section 25A(1) of the Drug Misuse and Trafficking Act 1985 (NSW) sets out that if you supplied a prohibited drug three times within thirty days, then you will be guilty of this offence. This is a more serious offence than supply prohibited drug in NSW.

   

  How do you beat an Ongoing Drug Supply charge?

  You can fight an ongoing drug supply charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You supplied a substance;
  2. At least three times within thirty days;
  3. On each occasion the substance was a prohibited drug;
  4. You received some commercial or other benefit

  If the prosecution is unable to prove any of these points, you will be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What is the Definition of ‘drug supply’?

  ‘Supply’ is defined as including selling, distributing, agreeing to supply, offering to supply, keeping it in your possession for supply, sending, delivering, receiving the drug for supply, or allowing any of those acts.

  As you can see, the definition of drug supply is quite broad. It is crucial that you speak to a specialist drug lawyer who can advise you on any defences that may be open to you.

   

  What are the Defences to Ongoing Drug Supply?

  You may be able to rely on the below defences to be found ‘not guilty’:

  1. You were not aware that you had possession of the drug
  2. Carey defence: You were holding the drug on behalf of another person and intended to give it back to that person (Carey(1990) 50 A Crim R 163).
  3. The substance was not a prohibited drug, AND you did not believe, nor did you hold it out as a prohibited drug
  4. The prohibited drug was for your personal use only
  5. Illegal search: If Police found the drug due to an unlawful search. This may be due to Police not having reasonable grounds to search you, or any warrant(s) they have used being improper or defective
  6. You were not involved in any steps of the supply
  7. No supply has taken place and you had no intention to supply
  8. Duress: You were forced to commit the drug supply

  Our specialist drug supply lawyers can analyse your case and provide immediate advice about whether you have a defence open to you.

  Contact us now to speak to our team.

• PLEADING GUILTY

  It is important to receive advice from a drug supply lawyer before pleading guilty. This is because it is very difficult to change your plea to ‘not guilty’ after the fact.

  You can refer to our guide for pleading guilty to drug offences for some general advice, however, you should consult our team for advice specific to your case.

  Contact us now to speak to our accredited specialist drug lawyer.

   

  What is the penalty or Ongoing drug supply?

  The maximum punishment for Supplying a prohibited drug on an ongoing basis is 20 years imprisonment and/or $385,000 fine.

  Given the significant maximum penalties, it is important that you speak to a specialist drug lawyer as soon as possible.

  Contact us now to obtain immediate advice on your case.

   

  What are the Possible Sentences for Ongoing drug supply?

  Below is a list of options available to a Judge in sentencing for ongoing drug supply charges:

  1. Section 10(1)(a) non conviction
  2. Conditional Release Order (without conviction)
  3. Fine
  4. Conditional Release Order (with conviction)
  5. Community Correction Order
  6. Intensive Corrections Order
  7. Full Time Imprisonment

  Offences of this nature almost exclusively result in a term of imprisonment. This is borne out in the sentencing statistics set out below.

   

  Will you go to jail for ongoing drug supply?

  Below is a table of judicial commission statistics for Ongoing Drug Supply offences dealt with in the District Court over the past ten years:

  %	Amphetamine	Cocaine	Heroin	MDMA/Ecstasy
  Section 10	0%	0%	0%	0%
  Fine	0%	0%	0%	0%
  Good behaviour bond	0.9%	2.8%	1.1%	0%
  Community Service	0%	0%	0%	1.1%
  Suspended Sentence	13%	13.2%	13%	16.8%
  Intensive Correction Order	7.3%	20.8%	1.9%	12.6%
  Home Detention	0.2%	0%	0%	1.1%
  Prison	77.2%	61.3%	83.3%	61.1%

  The statistics bear out the very real likelihood of a term of full-time imprisonment will be imposed. Our criminal defence lawyers have years of experience persuading the Courts to impose non-custodial sentences on our clients’.

  Contact us now so we can begin preparing your case to give you the best opportunity of avoiding a gaol sentence.

   

  Drug Supply Sentencing Guidelines NSW

  Until very recently, there was a general rule that if you were caught ‘trafficking to a substantial degree’, you should be sentenced to full-time imprisonment unless exceptional circumstances’ existed.

  The decision of Parente v R [2017] NSWCCA 284 confirmed that no such rule applied. However, there are some general guidelines which the Court must use in sentencing for drug supply offences:

  1. The sentence must adequately deter the offender
  2. Protection of the community will usually be a substantial factor. Regard must be had to the social impact of drug use, especially as a cause of other criminal offending.
  3. Regard must be had to the maximum penalty
  4. Where there is drug trafficking ‘to a substantial degree’, a sentence of imprisonment will usually be required
  5. An offender must not be sentenced to imprisonment unless all possible alternatives have been considered and no other punishment is appropriate. Full-time imprisonment is a last resort
  6. Intensive Corrections Orders must be given full, fair and genuine consideration and the failure of a defence lawyer to consider and raise alternatives to full-time jail may be the cause of injustice.