Drug Offences Archives -

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.

Supply Prohibited Drug

Supply prohibited drug is a serious charge that often results in a conviction.

However, our experienced criminal lawyers are here to help. Our commitment is to help you obtain the best possible outcome for your case.

For example, read our Past Cases, to see how we negotiated our clients charges from Drug Supply to Drug Possession, with no conviction recorded:

https://wcolawyers.com.au/no-conviction-for-large-drug-possession/

Can I avoid a criminal record for drug supply?

Drug supply is a more serious charge than drug possession. Therefore, most people will receive a criminal record. For first time offenders charged with supplying a small quantity, the penalty will likely be a fine or a community corrections order.

However, it is possible to avoid a criminal conviction. As a result, a conditional release order could be imposed. The likelihood of this outcome depends on the quantity of the drug, the circumstances of the offence, and the subjective circumstances of the offender.

We have achieved excellent results for matters involving large and small quantities, including non-convictions for drug supply matters that were dealt with by the District Court.

Will I go to jail?

The maximum penalty in NSW depends on the quantity and type of drug, and ranges from 10 years imprisonment to life. Therefore, it is possible to go to jail for supply prohibited drug.

A term of imprisonment will be considered for serious examples of supply. For example, where large quantities of drugs are involved or the supply is sophisticated. This includes first time offenders.

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 a substance that is a prohibited drug.

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

What is the definition of drug supply?

The definition of supply in NSW is very broad, and includes “taking part in any step” of a supply. It is also not necessary for the prosecution to prove that the supply was in exchange for financial or material gain.

Schedule 1 of the Drug Misuse and Trafficking Act 1985 has a list of substances that are ‘prohibited drugs’. A prohibited drug also includes admixtures that contain a portion of a prohibited drug.

We can help

Our lawyers are experts in representing offenders charged with supplying prohibited drugs.

We can help you:

Defend the charge
Negotiate with police, or
Prepare your case so that you receive the best possible sentence.

Possess Prohibited Drug

Possess prohibited drug can result in a criminal record. However, we are here to help.

We are experienced criminal lawyers, and we are committed to helping you obtain the best possible outcome.

For example, read our Past Cases on how we helped our client to avoid a criminal conviction for serious Drug Possession charges:

https://wcolawyers.com.au/no-conviction-for-large-drug-possession/

Can I avoid a criminal record for possess prohibited drug?

Yes. However, the likelihood of this outcome depends on a number of factors. For example:

The quantity or weight of the drug
The circumstances of the offence
Any aggravating circumstances
Your prior criminal history
Your subjective circumstances
Any rehabilitation you have undergone

Likely penalty for first time drug possession

For many first time offenders, the likely penalty will be a fine or a conditional release order. As a result, a conviction will be recorded.

However, it is possible to avoid a criminal conviction, particularly if the quantity of the drug is small and you have a strong subjective case.

We help you prepare a strong case, by working closely with you and understanding the unique circumstances of your case.

Will I go to jail?

The maximum penalty in NSW is 2 years imprisonment and a fine of $2,200. Therefore, it is possible to go to jail for this offence, which means the court considers this a serious offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Were in possession of a prohibited drug; and
Knew it was in your possession, or knew of its likely existence.

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

We can help

Our lawyers are experts in representing offenders charged with possessing drugs.

We can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

We are committed to helping you obtain the best possible outcome for your case. Contact us today on 0421 700 497 for a free initial consultation.

Drug Offences

Ongoing Supply of Prohibited Drugs

What is ‘ongoing supply’?

Can I avoid a criminal record for ongoing supply?

Will I go to jail?

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

If I defend the charge, what must be proved?

We can help

We're here to help

Supply Prohibited Drug

Can I avoid a criminal record for drug supply?

Will I go to jail?

If I defend the charge, what must be proved?

What is the definition of drug supply?

We can help

We're here to help

Possess Prohibited Drug

Can I avoid a criminal record for possess prohibited drug?

Likely penalty for first time drug possession

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help