Drug Supply
Under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW), a person who supplies or knowingly takes part in the supply of a substance listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) is committing an offence.
Supply Includes:
Selling and/or distributing a prohibited drug
Agreeing or offering to supply a prohibited drug
Having a prohibited drug in possession for supply
Participating in any stage of the supply process
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You supplied or took part in the supply of a substance.
That a substance was a prohibited drug, and;
You knew or believed at the time, that the substance was a prohibited drug.
Maximum Penalties:
Trafficable Quantity
The maximum penalty is a fine of 100 penalty units ($11,000) and/or 2 years imprisonment.
Small Quantity
The maximum penalty is a fine of 50 penalty units ($5,500) and/or imprisonment for 2 years.
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 the most serious cases. The penalty you will receive will depend on the amount found in your possession, your circumstances, and the nature of your 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 are a person that is licenced or authorised to supply a prohibited drug under the Poisons and Therapeutic Goods Act 1966 (NSW)
You are acting under an authority granted by the Secretary of the Department of Health and the supply of the prohibited drug is for scientific research, instruction, analysis, or study; or
You are acting under a direction given by the Commissioner of Police under section 39Q.
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)