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You could be charged with supplying a drug of dependence if you are caught:
Schedule 1 of the Drug Misuse and Trafficking Act sets out the small, traffickable, indictable, commercial and large commercial quantities for each prohibited drug.
Where the amount exceeds the indictable quantity, this matter is strictly indictable which means that it cannot be finalised in the Local Court. Strictly indictable matters usually go to the District Court.
Where the amount does not exceed the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the amount does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
According to the case law of R v Gu  NSWCCA 104, unless truly exceptional circumstances exist there is a clear line of authority that a full-time custodial sentence ought to be imposed wherever the offender has been â€śsubstantially involved in supplyâ€ť.
The offence of Supply Prohibited Drug is set out in section 25 of the Drug Misuse and Trafficking Act which states:
A person who supplies, or who knowingly takes part in the supply of a prohibited drug is guilty of an offence.
Since Supply a prohibited drug is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accusedâ€™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.
To establish Supply, the prosecution must prove each of the following matters beyond reasonable doubt;
National Criminal Lawyers have been successful in defending a number of Supply prohibited drug charges 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 charge.
NCL offer the following options for those who have been charged with Supply prohibited drug.
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.
The offence of supplying a prohibited drug carries a maximum penalty of 5,500 penalty units ($605,000) and/or life imprisonment. Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
|Small quantity||Traffickable quantity||Indictable quantity||Commercial quantity||Large Commercial quantity|
|Cocaine / Heroin / Amphetamine||1.0g||3.0g||5.0g||250.0g||1.0kg|
The maximum penalty is a fine of 50 penalty units and/or imprisonment for 2 years.
The maximum penalty in the Local Court is a fine of 100 penalty units and/or 2 years imprisonment.
The maximum penalty in the Local Court is a fine of 100 penalty units and/or 2 years imprisonment. The maximum penalty in the District Court is 200 penalty units and/or 15 years imprisonment.
The maximum penalty is a fine of 3,500 penalty units and/or imprisonment for 20 years.
Large Commercial Quantity
The maximum penalty is a fine of 5,500 penalty units and/or life imprisonment.
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 and are experts at these hearings.
Some of the possible defences available for those charged with SupplyÂ prohibited drug can include:
The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green  HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:
â€śEqual Justiceâ€ť embodies the norm expressed in the terms â€śequality before the lawâ€ť. It is an aspect of the rule of law.
For Supply a Prohibited drug 23% of offenders received full time imprisonment whereas 33% received a s9 Good behaviour bond.
In NSW, a court can impose any of the following penalties for a Supply prohibited drug charge.
However, from the 24 September 2018 new penaltyâ€™s will be replacing the above. They are as follows:
Our client was pulled over by police who then proceeded to search his vehicle. The police found .3 grams of cocaine and several hundred dollars in his possession, and subsequently charged him with supply of a prohibited drug. He pleaded guilty to the charges. At his sentencing case we emphasised his age, lack of prior convictions, andÂ good character. No conviction was recorded, and our client was placed on a good behaviour bond.
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.
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.
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 Drug Supply 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.