Supply Prohibited Drug Ongoing Basis

Lawyers NSW

What is Supply Prohibited Drug on an Ongoing Basis?

 

Under Section 25A of the Drugs Misuse and Trafficking Act 1985, it is an offence to supply a prohibited drug on an ongoing basis.

 

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.

What the Prosecution need to Prove (Beyond a Reasonable Doubt):

 

  • That the accused actually and knowingly  supplied a prohibited drug (not being cannabis);

  • On 3 or more occasions;

  • For financial gain;

  • During a period of 30 consecutive days

 

The ongoing element of the supply will need to be established through concrete evidence such as phone intercepts and text messages, or witness evidence. 

 

Often a supply charge on an ongoing basis is defended in Court rigorously, on grounds the that the witness testimony may not be reliant, or the nature of the  phone intercepts and messaging is ambiguous in its interpretation, or if the drugs were found in a shared area or a car and there was no intention to supply the drug to anyone else.

Going to Court – "What am I looking at?"

 

If you have entered a plea of guilty to an offence of Supply Prohibited Drug on an ongoing basis and the involvement was substantial, a full time term of imprisonment is usually imposed unless there are exceptional circumstances. You will need to speak to an experienced Drug Defence Lawyer immediately, as there may be the possibility of negotiating the charge down to a less serious charge, or alternatively amending the Police Facts, to obtain a lower end sentence for your involvement. This is particularly important if the involvement in the supply forms part of a larger syndicate, where your position in the drug hierarchy is not at the high end.

 

The charge is very serious and carries a maximum penalty of 20 years imprisonment, and/or a fine of $385,000. However, this is usually in the worst case, and there is a wide ranging of sentencing options available, dependent upon many factors such as amount and type of drug, involvement circumstances, as well as subjective considerations.

 

Contact Lawyer Call today and speak to an expert Drug Lawyer today.

 

 

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