Drug Supply on an Ongoing Basis
Under section 25A of the Drug Misuse and Trafficking Act 1985 (NSW), a person who supplies or knowingly takes part in the supply of a prohibited drug (other than cannabis) on 3 or more separate occasions during any period of 30 consecutive days 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 a prohibited drug on 3 or more separate occasions
You did so during a period of 30 consecutive days
You gained a financial or material award.
The prohibited drug does not need to be of the same type on each occasion to be convicted of this offence. If on trial the jury is not satisfied that the offence is proven but is satisfied that you have committed a relevant supply offence in respect to any of the occasions relied on, you may be found guilty of the new offence. For the same facts and evidence, you cannot be convicted of this offence and another relevant supply offence or separate offence in section 25A of the Drug Misuse and Trafficking Act 1985 (NSW).
Maximum Penalties
The maximum penalty is a fine of 3,500 penalty units ($385,000) and/or imprisonment for 20 years.
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:
You could argue that you did not supply 3 or more times within 30 consecutive days
You could argue that you did not receive a financial or material award
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 Director-General of the Department of Health where the Director-General is satisfied that the supply of the prohibited drug is for scientific research, instruction, analysis, or study.
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)