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Drug supply offences are serious crimes and depending on the drug and the quantity of the drug you are caught supplying the penalties can be anything from a non-conviction to lifetime imprisonment as a maximum penalty.
The penalties generally increase as the quantity of drug increases and these quantities are generally characterized in four ranges being:
- Small quantity
- Indictable quantity
- Commercial quantity
- Large Commercial quantity
These quantities are set out for the most common illegal drugs subject to supply charges within New South Wales.
| DRUG | SMALL QUANTITY | INDICTABLE QUANTITY | COMMERCIAL QUANTITY | LARGE COMMERCIAL QUANTITY |
|---|---|---|---|---|
| Cannabis | 30 grams | 1 kilogram | 25 kilograms | 100 kilograms |
| Ecstasy | 0.25 grams | 1.25 grams | 125 grams | 500 grams |
| Cocaine | 1 gram | 5 grams | 250 grams | 1 kilogram |
| Amphetamines | 1 gram | 5 grams | 250 grams | 1 kilogram |
| Heroin | 1 gram | 5 grams | 250 grams | 1 kilogram |
Overview Of Drug Supply Laws In NSW
The prosecution does not explicitly need to prove you were actually supplying illegal drugs to convict you of a drug supply charge.
If you are in possession of an illegal drug and this is above the ‘deeming provisions’ then you are said to be in possession of the illegal drug for the purposes of supply.
‘Supply’ is a very broad and wide encompassing definition that can include a number of roles including (But not limited to):
- Principal. Usually, the individual who is directing a criminal enterprise involved in the sale of illegal drugs).
- Directors. Typically receiving a stake of the profits in the sale of illegal drugs but not the principle.
- Managers. Typically involved in restocking and collecting money from street level dealers as well as manage the orders and deliveries with clients.
- Street runners (The individuals who sell drugs on a street level basis and usually carry the greatest risk of detection and being caught. Also known as ‘dial a dealer’).
Outside of a traditional hierarchy supply can also include examples of instances where you are not supplying illegal drugs for the purposes of financial gain, these examples include:
- Organizing an amount of cocaine for a party with your friends.
- Having MDMA pills for you and your friends at a music festival.
- Having cannabis for you and your partner to smoke.
- Giving your friend some cocaine at club to consume in the bathroom.
The prosecution does not need to prove that you held any intention to derive a financial profit, although punishment in the courts is usually more severe for offenders who supply illegal drugs for the purposes of financial gain.
Immediate Legal Implications
The role of the offender is a significant factor in determining how severely (or leniently) the court sentences an individual who is guilty of supplying illegal drugs.
Cases such as Nguyen v R (2011) 208 A Crim R 432 outline factors that may determine an offender’s role including:
- Contributing financially to the cost of setting up the operation.
- Standing to share in the profit of an operation (As distinct from receiving payment).
- Having some hand in the management of the operation.
- Having some decision-making role.
Depending on the offender’s role, the quantity of illegal drugs, the offender’s criminal history and his subjective case are all critical factors that are taken into consideration when sentencing an offender who is being sentenced for drug supply offences.
This is why having trusted Criminal Lawyers Parramatta locals turn to is essential when navigating such complex legal matters.
Potential Penalties For Drug Supply
Drug supply offences are very serious offences, and the penalties can vary depending on a number of factors.
Someone who is young and has no criminal record and has several pills of MDMA for him and his friends at a club may potentially not receive a custodial sentence or even a conviction in the Local Court.
However, someone who has agreed to pick up several kilograms of cocaine at the airport in return for a substantial payment may potentially receive a number of years of imprisonment for his criminal behaviour in the District Court.
Offences involving ‘large commercial supply’ carry up to lifetime imprisonment as a maximum penalty, so these are charges that you need expert advice and representation to get you your best result.
Legal Defences Against Drug Supply Charges
There are a number of defenses to drug supply charges which include (but are not limited to):
- Lack of possession – If for example an amount of drugs is found in a share house the prosecution would need to prove that you had control and custody of the illegal drugs at the exclusion of other reasonable possibilities. R v Filippetti (1978) 13 A Crim R 335.
- Lack of Intent – For example if you picked up a parcel at the airport that contained illegal drugs, but you had no knowledge or intent to possess the illegal drugs you may have a defence.
- Mistaken Identity – For example Police allege that you have sold illegal drugs to another individual on the street and have CCTV footage of this incident you may be able to challenge the validity of the identification that this was not you who committed the act.
- Personal use – You may have a quantity of illegal drugs on your person that are above the deeming provisions, but you may have had them for your own personal use with no intention of selling them or distributing them to others. Noting that this would still constitute an offence of possession of illegal drugs.
Drug supply offences are extremely serious and need to be handled expertly, delicately and with precision. Please call Oxford Lawyers if there is anything you would like to ask about in relation to your matter. Our team includes dedicated Drug Defence Lawyers, ready to assist you every step of the way.
