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    Four people are facing drug supply charges in NSW after police uncovered an alleged crime syndicate.

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      drug supply charges NSW

      Drug Supply Charges in NSW

      Posted By , on May 1, 2022

      Four people are facing drug supply charges in NSW after police uncovered an alleged crime syndicate.

      The investigation took approximately 9 months before it culminated in a number of arrests.

       A number of search warrants were executed and an amount of cash was seized.

      Investigations into Supply Prohibited Drug

      Strike Force Crestreef was established in July last year to investigate the alleged supply of prohibited drugs in the NSW Riverina region.

      The Proactive Crime Team, Criminal Investigation Unit and Licencing Office suspected that cocaine and MDMA were being supplied in licenced premises.

      Police will allege in court that a man supplied prohibited drugs whilst on duty at licensed premises.

      On Wednesday, 13 April 2022, officers executed search warrants at a number of homes. They seized $16,500 cash, an extendable baton, cocaine and cannabis.

      Two 23-year-old men were arrested and charged with supply prohibited drug, supply prohibited drug on an ongoing basis, deal with proceeds of crime, possess prohibited weapon and possess prohibited drug.

      One of the men was granted bail by police while the other was refused bail.

      Supply Prohibited Drug

      Supply prohibited drug is an offence under section 25 of the Drug Misuse and Trafficking Act.

      The prosecution must prove, beyond reasonable doubt, that a person:

      • Supplied, or knowingly took part in the supply of,
      • A prohibited drug.

      Under Section 3 of the Act, the definition of “supply” includes:

      • Selling and distributing
      • Agreeing to supply
      • Offering to supply
      • Keeping or having in possession for supply
      • Sending, forwarding, delivering or receiving for supply
      • Authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

      This definition is wide enough to include simply sharing drugs with a friend.

      A prohibited drug is any drug listed in Schedule 1 of the Act.

      Deemed Drug Supply

      Deemed supply is when a person is assumed to have intended to supply a drug due to the weight of the drug, without any other evidence. 

      Section 29 of the Drug Misuse and Trafficking Act  sets out that if a person has more than the traffickable quantity of a prohibited drug, they can be found guilty of drug supply without any other evidence.

      However, the accused can rebut this presumption if they prove, on the balance of probabilities, that the drugs were for personal use.

      How to beat a deemed drug supply charge?

      You can beat a deemed drug supply charge by negotiating to plead guilty to a drug possession charge.

      Whether there are any indicia of supply will be relevant in negotiating with the prosecution. Some of these factors include:

      • The amount of drugs.
      • Evidence of lists containing names and associated quantities.
      • The presence of resealable plastic bags, scales or money.
      • The existence of incriminating telephone messages.

      If there are no indicia of supply and the amount of the drug found was consistent with personal use, then the prosecution would have difficulty establishing that you intended to supply the prohibited drug.

      What is a traffickable quantity?

      The traffickable quantity for prohibited drugs are:

      Prohibited DrugCannabis leafCocaineHeroinMDMA (Ecstasy)LSD
      Traffickable Quantity300g3g3g0.75g0.003 grams (15 tabs)

      As can be seen from the table above, the traffickable amounts are often very small. To put this in context, the traffickable quantity of MDMA is 0.75g. Generally, it would take only 2 or 3 capsules to cross this threshold.

      Penalties for Drug Supply Charges in NSW

      The penalties for drug supply charges in NSW are:

      QuantityCannabis leafCocaineHeroinMDMA
      (Ecstasy)
      Penalty
      Small30g1g1g0.25gLocal Court: 2 years imprisonment and/or a $5,500 fine.
      District Court: 15 years imprisonment (10 years for cannabis) and/or a $220,000 fine.
      Traffickable300g3g3g0.75gLocal Court: 2 years imprisonment and/or an $11,000 fine.
      District Court: 15 years imprisonment (10 years for cannabis) and/or a $220,000 fine.
      Indictable1kg5g5g1.25gDistrict Court: 15 years imprisonment (10 years for cannabis) and/or a $220,000 fine.
      Commercial25kg250g250g125gDistrict Court: 20 years imprisonment (15 years for cannabis) and/or a $385,000 fine.
      Large Commercial100kg1kg1kg0.5kgDistrict Court: Life imprisonment (20 years for cannabis) and/or a $550,000 fine.

      Ongoing Drug Supply

      Ongoing drug supply is an offence under section 25A of the Drug Misuse and Trafficking Act which carries a maximum penalty of 20 years’ imprisonment and/or a $385,000 fine.

      The prosecution must prove, beyond reasonable doubt, that a person:

      • Supplied a prohibited drug (other than cannabis),
      • This occurred on three or more separate occasions during any period of 30 consecutive days,
      • For financial or material reward.

      Sentencing for Drug Supply Charges in NSW?

      The following factors will be assessed in sentencing for drug supply charges in NSW:

      1. Role of offender and level of participation in supply: The offender’s role and the level of criminality involved are important factors.
      2. Quantity of drug: The Drug Misuse and Trafficking Act bases penalties on quantity. The perceived harm caused by different types of drugs is no longer a relevant consideration for sentencing.
      3. The relevance of addiction: An offender who supplies drugs out of greed is placed in the worst category of suppliers, while a user/dealer who sells primarily to feed his or her own habit is at a lower level of criminality.
      4. Assistance to authorities: Assistance to authorities is of particular importance in sentencing drug offenders and can result in a discounted sentence.

      Having the best drug lawyers in Sydney will go a long way towards beating these charges. Call Astor Legal on (02) 7804 2823. Or, you can email info@astorlegal.com.au.

      Which court will drug supply charges be heard?

      Most drug supply offences are now dealt with in Local Court. Recent amendments to the Criminal Procedure Act 1986 allow indictable quantities of drugs to remain as summary matters.

      Only a commercial or large commercial quantity of drugs must be finalised in the District Court.

      Charged with Drug Supply?

      Drug supply charges are taken very seriously by the Courts. The maximum penalties reflect the very high likelihood of jail.

      Despite this there have been a number of recent examples of these charges being dismissed after an accused person retains experienced criminal defence lawyers. You can read about them by clicking here.

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