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Drug Supply on an ongoing basis
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
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.
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.
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.
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”);
- NCL will Plead Not Guilty and go to hearing/trial;
- Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing); and/or
- 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.
Pleading Guilty
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
Maximum Penalties
This is one of the highest maximum penalties for drug related offences in NSW and carries a maximum penalty of 20 years imprisonment or 3,500 penalty units (fine of up to $385,000) (if heard in the District Court).
Ongoing supply can also be punished with a prison sentence of up to 2 years (if heard in the Local Court).
Pleading Not Guilty
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended thousands of people charged with Supply prohibited drug on ongoing basis and are experts at these hearings.
Defences
Some of the possible defences available for those charged with Supply prohibited drug on ongoing basis can include:
- To maintain that you did not supply any drugs;
- To argue that the drugs aren’t prohibited drugs;
- To argue that you did not do so three times or more times within 30 consecutive days;
- To argue that you did not receive a financial or material reward;
- If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”; or
- If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”;
Possible Penalty's
In NSW, a court can impose any of the following penalties for a Supply prohibited drug charge.
- Prison sentence
- Home Detention
- Intensive correction order (previously periodic detention)
- Suspended sentence
- Community service order (CSO)
- Good behaviour bond
- Fine
- Section 10
However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:
- Full time Imprisonment
- New ICO (ICO) with a home detention condition available
- New Community Correction Order (CCO)
- Fine
- New Conditional release Order (CRO)
Case Studies
Our client was charged with supply of a prohibited drug on ongoing basis, and one charge of possession of a prohibited drug. After entering a plea of guilty, we represented our client in his sentencing hearing. We presented strong character evidence, proven attempts at rehabilitation, and the impact on his career. Our client received a discharge s9 Good behaviour bond for 2 years.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. We get the results
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. We give a Senior Defence Lawyer guarantee
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.
