Deemed Supply
If a person has in his or her possession an amount of a prohibited drug that is a trafficable quantity or more, the prohibited drug will be deemed in his or her possession for supply. This is under section 29 of the Drug Misuse and Trafficking Act 1985 (NSW).
What Must the Prosecution Prove?
If this is an offence that you have committed, you may be convicted with the supply of prohibited drugs under section 25A of the Drug Misuse and Trafficking Act 1985 (NSW). You will have to prove that you either:
had the prohibited drug in your possession for reasons other than for supply or
except where the prohibited drug is prepared opium, cannabis leaf, cannabis oil, cannabis resin, heroin, or morphine, you obtained possession of the prohibited drug on and per the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, or veterinary practitioner.
Maximum Penalties
Trafficable Quantity
The maximum penalty is a fine of 100 penalty units ($11,000) and/or 2 years imprisonment.
Indictable Quantity
The maximum penalty in the Local Court is a fine of 100 penalty units ($11,000) and/or 2 years imprisonment. The maximum penalty in the District Court is 2,000 penalty units ($220,000) and/or 15 years imprisonment. The maximum penalty is a fine of 2,000 penalty units ($220,000) and/or imprisonment for 10 years for offences relating to cannabis leaf or plant.
Commercial Quantity
The maximum penalty is a fine of 3,500 penalty units ($385,000) and/or imprisonment for 20 years.
The maximum penalty is a fine of 3,500 penalty units ($385,000) and/or imprisonment for 15 years for offences relating to cannabis leaf or plant.
Large Commercial Quantity
The maximum penalty is a fine of 5,000 penalty units ($550,000) and/or life imprisonment.
The maximum penalty is a fine of 5,000 penalty units ($550,000) and/or imprisonment for 20 years for offences relating to cannabis leaf or plant.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
Carey Defence – A mere transfer of a prohibited drug from another, with the intent of returning it (R v Carey (1990) 20 NSWLR 292).
Where it is accepted that a prohibited drug is in your possession for personal use only, not for supply (R v Masri [2005] NSWCCA 330).
You did not have the resources for drug supply such as scales, multiple phones, or large sums of money.