Drug Supply Causing Death
Under section 25C of the Crimes Act 1900 (NSW), it is an offence for a person to supply a prohibited drug to another, and the supply cause death.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You supplied a prohibited drug to another person for financial or material gain, and
the drug is self-administered by another person (whether or not the person to whom the drug was supplied), and
the self-administration of the drug caused or substantially caused the death of that other person
You knew or ought to have reasonably known that by supplying the prohibited drug you would expose another person (whether or not the person to whom the drug was supplied) to a significant risk of death as a result of the self-administration of the drug
What is a Prohibited Drug?
A prohibited drug is any drug listed under Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) and includes cannabis, heroin, cocaine, MDMA (‘ecstasy’), and ketamine. Below is an excerpt of Schedule 1:
Drug Supply Causing Death
Under section 25C of the Crimes Act 1900 (NSW), it is an offence for a person to supply a prohibited drug to another, and the supply cause death.
Maximum Penalties
The maximum penalty is 20 years imprisonment.
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 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
A possible defence available for these charges can include:
You are a person that is authorised to supply a prohibited drug under the Poisons and Therapeutic Goods Act 1966 (NSW)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)