Ongoing Supply of Prohibited Drugs

If you’ve been charged with ongoing supply, we are here to help.

What is ‘ongoing supply’?

When a person supplies prohibited drugs on 3 or more separate occasions, within a 30 day period. The offence applies to all drugs, except cannabis.

Schedule 1 of the Drug Misuse and Trafficking Act 1985 provides a list of prohibited drugs. A prohibited drug also includes ‘admixtures’, such as a cake that contain a small portion of a prohibited drug.

Can I avoid a criminal record for ongoing supply?

Avoiding a criminal record is rare. However, it’s possible to obtain a lenient result if the supplies relate to small quantities, there are no aggravating circumstances, and you prepare a strong subjective case. As a result, a conditional release order would be imposed.

Will I go to jail?

It is possible to go to jail for this offence. This is more likely for large quantities of drugs, and if you have a criminal history.

What is the penalty for supplying drugs on an ongoing basis?

The maximum penalty is 20 years imprisonment. However, if the matter finalises in the Local Court the maximum penalty is 2 years.

Most offenders will receive a community corrections order or intensive corrections order for this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Supplied, or knowingly took part in a supply, of prohibited drugs on 3 or more occasions;
At least 3 supplies took place within a period of 30 consecutive days; and
You obtained financial gain or other compensation.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our criminal lawyers are committed to helping you obtain the best possible outcome for your case.