What is Drug Supply on an ongoing basis

In NSW a person can be charged with the offence if they supply any amount of drugs on three separate occasions within any 30-day period in exchange for money or some other compensation. The offence applies to all prohibited drugs except cannabis.

Case law
According to the law it does not need to be the same drug which is supplied however the jury must be satisfied that the same 3 occasions did occur. Also, if the prosecution failed to particularise the 30 day period over which the offence had been committed this would be a fatal error in the prosecution’s case see R v Seymour [2001] NSWCCA 272

What must the prosecution prove?

Since supply a prohibited drug on an ongoing basis is a criminal offence, the burden of proof lies on the prosecution.

The prosecution must prove the accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of supply a prohibited drug on ongoing basis.

To establish supply, the prosecution must prove each of the following matters beyond reasonable doubt:

  • You supplied a substance that is a prohibited drug on three or more occasions;
  • Those occasions were within 30 consecutive days; and

You obtained money or another form of compensation.

The Law

The offence of Supply Prohibited Drug on ongoing basis is set out in section 25(A) of the Drug Misuse and Trafficking Act 1988 (NSW) which states:

“A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.”

If you are charged with the offence of Supply A Prohibited drug On Ongoing Basis what are your options?

National Criminal Lawyers have been successful in defending a number of supply prohibited drug charges on ongoing basis where the prosecution could not establish each of the elements of the offence. We have also achieved a number of non-convictions for supply a prohibited drug on ongoing basis charge.

NCL offer the following options for those who have been charged with supply prohibited drug on ongoing basis.

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”);
  2. NCL will plead not guilty and go to hearing/trial;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing); and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf seeking a non-conviction by the Court.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any ongoing supply drug offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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