What is it to Supply a Prohibited Drug 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.

The Law

Section 25(A) of the Drug Misuse and Trafficking Act 1988 (NSW) 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.

Jurisdiction / Case Law

According to the law, it does not need to be the same drug that 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 Supplying a Prohibited Drug on 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.

To establish Ongoing Drug Supply, the prosecution must prove each of the following matters beyond reasonable doubt:

  • You supplied a substance that is a prohibited drug on three (3) or more occasions;
  • Those occasions were within 30 consecutive days; and
  • You obtained money or another form of compensation.

If you are charged with the offence of Drug Supply on an Ongoing Basis, what are your options?

National Criminal Lawyers (NCL) have been successful in defending many Supply a Prohibited Drug on Ongoing Basis charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Ongoing Drug Supply:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.

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 ensure 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 is 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 the best result available.