Introduction

Providing drugs in New South Wales is strictly off-limits and comes with severe legal outcomes. The Drug Misuse and Trafficking Act 1985 in NSW makes it against the law to supply prohibited drugs three or more times within a month, excluding cannabis. It’s important to understand the stakes as the consequences include hefty fines and lengthy imprisonment for anyone apprehended. Dive into this piece to grasp the laws better and steer clear of any mishaps!

The complexity of these offences is further heightened by various aggravating factors that can influence sentencing outcomes. Factors such as the quantity of drugs supplied and the offender’s criminal history play significant roles in determining the severity of penalties. This guide aims to provide a comprehensive overview of ongoing drug supply offences in NSW, highlighting the legal consequences and factors that can escalate the severity of these charges.

Definition of Supplying Prohibited Drugs on an Ongoing Basis

What is Ongoing Supply?

Ongoing supply refers to the act of supplying prohibited drugs on three or more separate occasions within a 30-day period in exchange for money or other forms of compensation. This definition applies to all prohibited drugs, except for cannabis. The law does not require the same drug to be supplied each time, but the three separate occasions must occur within the specified timeframe. Establishing ongoing supply involves proving that the supply occurred multiple times and that each instance was for financial or material reward.

Prohibited Drugs

Prohibited drugs in NSW are outlined in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). This schedule includes a comprehensive list of substances that are illegal to supply. Additionally, prohibited drugs encompass admixtures, such as a cake containing a portion of a prohibited drug. It is important to note that while most prohibited drugs fall under this definition, cannabis is treated differently under NSW law and is excluded from the ongoing supply offence.

Quantity of Thresholds

This section discusses the quantity of thresholds that differentiate between levels of drug supply offences, including how the number of drugs supplied affects the severity of penalties.

Minimum Quantities for Charges

In NSW, ongoing supply charges are triggered when a person supplies prohibited drugs on three or more separate occasions within a 30-day period. This definition applies to all prohibited drugs listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW), excluding cannabis, which is treated differently under NSW laws. While the legislation emphasises the number of supply occasions and the timeframe, the specific quantity of drugs supplied can also influence how charges are applied, especially in determining whether the amounts involved qualify as commercial quantities.

Impact on Penalties

The quantity of drugs supplied plays a significant role in determining the severity of penalties for ongoing drug supply offences. Higher quantities typically result in harsher penalties, reflecting the increased seriousness of the offence. For instance, supplying larger amounts of a prohibited drug can lead to maximum penalties of up to $385,000 in fines and/or 20 years imprisonment for charges heard in the District Court. In contrast, supplying smaller quantities may result in lesser penalties, especially if the matter is finalised in the Local Court, where the maximum penalty is 2 years imprisonment. Thus, the amount of the drug supplied directly impacts the potential consequences an individual may face.

Penalties for Ongoing Drug Supply in NSW

Fines and Financial Penalties

Individuals charged with ongoing drug supply in NSW can face significant financial penalties. The maximum fine for this offence is $385,000.00, underscoring the seriousness of the offence. Courts consider various factors when determining the exact fine amount, including the quantity of drugs supplied and the offender’s financial situation.

Imprisonment Terms

Ongoing drug supply offences carry severe imprisonment terms in NSW. The maximum sentence for this offence is up to 20 years imprisonment, reflecting its classification as a serious drug offence. In the Local Court, the maximum penalty is reduced to 2 years imprisonment, but more serious cases heard in the District or Supreme Courts can result in longer sentences.

Alternative Penalties

In addition to fines and imprisonment, NSW courts may impose alternative penalties for ongoing drug supply offences. These alternatives include community service orders, good behaviour bonds, and home detention. Such penalties are considered when the court determines that imprisonment is not necessary or appropriate, particularly for offenders with mitigating circumstances.

Aggravating Factors

Volume and Frequency of Supply

The volume and frequency of drug supply significantly aggravate the offence of ongoing drug supply. Supplying larger quantities of prohibited drugs demonstrates a higher level of involvement in drug trafficking, leading to more severe penalties. Additionally, frequent supplies within a short timeframe indicate persistent engagement in the drug trade, which courts view as more serious.

Criminal History

A defendant’s criminal history is a critical factor in determining the severity of penalties for drug supply offences. Individuals with prior convictions, particularly for similar drug-related offences, are likely to face harsher sentences. The presence of a criminal record suggests a pattern of behaviour, which courts consider when imposing penalties.

Involvement of Vulnerable Groups

Supplying drugs to vulnerable groups, such as minors or individuals with disabilities, can lead to increased penalties. The involvement of these populations highlights the broader social impact of the offence, prompting courts to impose stricter sentences to deter such actions. Additionally, distributing drugs to those in disadvantaged positions is viewed as exploitation, further aggravating the offence.

Defences Available

Lack of Intent to Supply

Arguing a lack of intent to supply involves demonstrating that the accused did not intend to distribute or supply prohibited drugs. This can include showing that the substances were intended for personal use rather than distribution. Additionally, if the accused did not engage in supply on three or more occasions within the 30-day period, this can further support the defence of lacking intent.

Insufficient Evidence

The prosecution bears the burden of proving the accused’s guilt beyond a reasonable doubt. This includes establishing that the individual supplied a prohibited drug on three or more occasions within a 30-day period for financial or material reward. If the defence can effectively argue that the prosecution has failed to provide sufficient evidence for any of these elements, the charges may be dismissed.

Mistaken Identity or Coercion

Defences based on mistaken identity or coercion involve proving that the accused was either incorrectly identified as the supplier or was forced to supply drugs under duress. Mistaken identity can be established by providing evidence that another individual was responsible for the supply. Coercion, on the other hand, requires demonstrating that the accused was compelled to supply drugs against their will, leaving them with no reasonable choice but to comply. These defences can significantly impact the outcome of the case if proven effectively.

Case Studies

Case Study 1

Alex was accused of supplying the prohibited drug ice to an undercover police officer on four separate occasions. The defence contended that the police’s actions bordered on entrapment, targeting Alex due to his long-term circumstances. The court recognised Alex’s reformation and imposed a six-month Intensive Correction Order instead of a prison sentence.

Case Study 2

Maria faced ongoing supply charges for methyl amphetamine, involving three transactions totalling nearly 40 grams of ice. The defence highlighted Maria’s refugee background and past trauma, including two suicide attempts that led her to self-medicate with drugs. Maria testified that she supplied the drugs under coercion from her drug dealer to sustain her habit. Taking these mitigating factors into account, the judge deemed the case exceptional and sentenced Maria to an Intensive Correction Order rather than incarceration, despite her significant involvement in drug supply.

Conclusion

Understanding the legal landscape surrounding ongoing drug supply in NSW is essential due to the severe penalties and complex factors involved. Charges can result in substantial fines and lengthy imprisonment, particularly when aggravating factors such as the quantity of drugs supplied and the offender’s criminal history are present.

If you or someone you know is facing ongoing drug supply charges, seeking expert legal advice promptly is crucial. Professional legal representation can significantly impact the outcome, potentially reducing penalties or obtaining more favourable results in court.

Frequently Asked Questions