Supply Prohibited Drug
What is Supply Prohibited Drug?
Under Section 25 of the Drugs Misuse and Trafficking Act 1985, it is an offence to participate in the supply of a prohibited drug.
It is a very serious offence, whose penalties can range from a section 10 (dismissal of a charge), to various forms of good behaviour bonds and community service orders, to finally a maximum of life imprisonment for some offences.
Common prohibited drugs can include Cannabis, Amphetamine (Ice and Speed), Heroin, LSD, GHB, MDMA, GHB, however, the list can also include other lesser known substances.
There are circumstances where the quantity of the drug may not be large, and there exists a possibility that an experienced lawyer can argue that the possession of the drug was for personal use only, and have the charge negotiated down to a mere possession rather than a supply charge.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
That the accused knowingly took part in the supply of a prohibited drug
The Prosecution will also need to prove the weight of the drug as alleged in the Police Facts, as there is a significant difference between the various forms of supply ranging in Quantity from a Small amount, to Indictable, Commercial and Large Commercial.
The different dosage unit amounts of the drug that fit into each category vary significantly from drug to drug.
In order to beat a supply charge, the accused must prove on the balance of probabilities that they had no intention to supply the drug to anyone else.
When the possession of the drug exceeds the indictable quantity that is noted within the schedule of the Drug Misuse and Trafficking Act, the matter becomes strictly indictable which will mean that it will be heard in the District Court. It is important to speak to an experienced lawyer as soon as possible, to attempt to keep the matter in the Local court where the maximum penalty is 2 years imprisonment.
How strong is the evidence?
Supply charges vary greatly from case to case in the amount of evidence that is made available before the Court. Such evidence is usually in the form of text messages, intercepts of phone conversations, and perhaps witness testimony, or simply by the amount of drug found in one’s possession.
At Lawyer Call, we believe in fighting the right fight for all our clients, particularly with tough charges such as this. We will assist you in analysing exactly what evidence the Prosecution will seek to rely on. If there is only one witness for the Prosecution, or if the phone messages are ambiguous in nature, and can be interpreted in various ways, or if it can be established that possession of the prohibited drug was in fact for personal use, the chances for a successful defence of a Supply charge will be greatly increased.
What is ‘knowingly take part’?
If a person knowingly took part in the act of supply, they may have either:
Participated in any step of the supply process
Provided funds or arranged finances in the supply process
Provided residential assistance in aiding the supply process
What is the definition of 'Supply'?
The action of Supply can involve a number of things including the selling, distributing of the forwarding, delivering or receiving the prohibited drug, as well as accepting an offer to supply. It can also be considered supply when one authorises or directs another as part of an enterprise, even in circumstances where no drugs were exchanged.
What is ‘Deemed Supply’?
If the quantity of the prohibited drug exceeds a certain threshold level (Trafficable Quantity), the person may be charged with ‘deemed supply’ meaning that it is deemed that the possession of such a quantity of drugs would not be reasonable to be considered as simply being for personal use. Police will rely simply on the weight of the drug in one’s possessions to lay a charge of ‘deemed supply’ under Section 29 of the Drug Misuse and Trafficking Act 1985.
What if the drugs were not mine – “I was just holding them for someone else”?
This is a common defence for the charge of supply, and is successful in circumstances where it can be proved that the drugs were in the possession of the person for a reason other than supply. If a person is holding drugs for another person, and has every intention of giving those drugs back to that person, he or she cannot be found guilty of supply.
Going to Court – "What am I looking at?"
The weight of the prohibited drug is an important factor when assessing the penalty for a charge of supply.
There is a complete list of all the drugs and all their nominal weights for each category available in Schedule 1 of the Drug Misuse and Trafficking Act (insert link to schedule here).
Here is a list of the more common drugs:
The penalties for Prohibited Drug supply can range significantly.
For Cannabis (leaf or plant) only related Supply Charges:
For all other drugs, the Penalties for Supply Charges are as follows:
Lawyer Call here to help..
The Courts do not look favourably on the charge of Supply Prohibited Drug, as it is a serious offence with high moral culpability, and a custodial sentence is usually imposed.
At Lawyer Call, we strive to achieve the best possible results for all our clients, with a skilled group of Lawyers and Barristers able to assist you with your matter. For very serious Drug supply allegations, it is crucial to secure the services of a strong legal team. Lawyer Call briefs some of the State’s most respected and trusted Barristers with vast experience in Drug Offences, and together will continuously provide you with legal assistance and preparation. For pleas of guilty, we place a huge emphasis on addressing the objective seriousness of the offence, the likelihood of reoffending, and the prospects of rehabilitation, in an attempt to show that a non-custodial sentence is perhaps more appropriate. We believe that there are cases where Judges should be permitted to shift away from the usual sentencing principles of issuing a term of imprisonment on an accused for such matters.
Contact Lawyer Call today for expert advice from a Drug Offence Solicitor.