Supply a Prohibited Drug

Depending on how much drugs it is alleged that you supplied, Supply prohibited drug offences can be considered as not so serious to extremely serious, with potentially lengthly jail terms if found guilty.

The legal definition of ‘Supply’ is a very broad one. There are many ‘extended definitions’ of ‘supplying’, all of which cannot be described on just this page. It is important that you consult one of our drugs lawyers for advice on whether you can fight a charge of Supply Prohibited Drug.

If you are found in possession of drugs of more than the ‘traffickable quantity’ you will be charged with Supply Prohibited Drug, also known as ‘deemed supply’. This is because the law says that you had too much of the drug in your possession for your own personal use. You will be surprised how little the ‘traffickable quantity’ is for many types of drugs.

Here is a table listing the different amounts that apply to different drugs:

ly-drug-table-1
Drug Small Quantity (‘Deemed’) Traffickable Quantity Indictable Quantity Commercial Quantity Large Commercial Quantity
Amphetamine (including “Ice”) 1 g 3 g 5 g 250 g 1 kg
Cannabis:
-Plant
5 50 250 1000
-Leaf
30 g 300 g 1 kg 25 kg 100 kg
-Resin
5 g 30 g 90 g 2.5 kg 10 kg
-Oil
2 g 5 g 10 g 500 g 2 kg
Cocaine 1 g 3 g 5 g 250 g 1 kg
Heroin 1 g 3 g 5 g 250 g 1 kg
Ecstasy (each pill usually weighs .25g) .25 g .75 g 1.25 g 125 g .5 kg
LSD 4 DDU 15 DDU 25 DDU .5 g 2 g

The penalties for supply prohibited drug offences can range from section 10 (no conviction) good behavior bonds, to life imprisonment!

Your options:

Plead not guilty:

In order to be convicted of supply prohibited drug, the police must prove beyond a reasonable doubt that:

  1. You supplied or knowingly took part in the supply of;
  2. A prohibited drug.

The police must also prove the weight of the drugs when applicable. For example, where the prohibited drug is not less than a commercial quantity then the weight of the drug being not less than a commercial quantity is an additional element the prosecution must prove beyond reasonable doubt.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

Our experienced drugs lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty:

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

The maximum penalty for Supply a prohibited drug varies depending on the weight and type of the prohibited drug. The maximum penalties range from a fine of $5,500.00 and/or 2 years imprisonment to life imprisonment. Supplying a prohibited drug is often considered a very serious offence. If you are charged with this offence, we advise that you contact one of our solicitors immediately.

What are the penalties for Supply Prohibited Drug?

Generally, penalties that a court can impose for any criminal offence in NSW are:

Case Study - Section 10 Bond for Supply 8 Caps of Ecstacy at Stereosonic 2014- Maximum penalty of 15 years imprisonment
Our client was a young man who was studying engineering at college. He pleaded guilty to the deemed supply of 8 caps of ecstacy at Stereosonic 2015 (an indictable quantity) at Burwood Local Court.

After successfully negotiating for the case to stay in the local court, Joseph and Adam worked on preparing an application under Section 10, to have the charges dismissed. Over the 5 months the case was heard at Burwood Local Court, our client proved to the court that he had rehabilitated, completing courses and rehabilitation that showed clearly that he was a changed man.

References tendered from his mother, father and friend (who all appeared in court) were excellent, and very compelling evidence of rehabilitation, and that he was not likely to re-offend again.

Magistrate Still at Burwood Local Court heard strong submissions from Adam of our office in May 2015, and agreed that a Section 10 “no conviction” should be granted on the charge of Supplying a Prohibited Drug.

An exceptional result for an offence that carries a maximum term of imprisonment (on indictment) of 15 years.Case Study- 'Deemed Supply Charge Dismissed'

Our client was charged with supplying a prohibited drug (cocaine). He was searched whilst out on a Saturday night with his friends at Parramatta.

The Police found 4 grams of cocaine in his jacket pocket. He immediately admitted it was his.

Since he had in his possession more than the traffickable quantity (being 3 grams), he was charged with supplying prohibited drug.

He pleaded not guilty, and the matter proceeded to a defended hearing at Parramatta Local Court.

One of our dedicated drugs lawyers ensured that our client was well prepared for the hearing, providing to the court evidence that he had a ongoing drug problem that was consistent with heavy use of recreational drugs, including cocaine.

Our client gave evidence at the hearing and convinced the magistrate that he had the drugs in his possession for his own personal use, not for supply.

The charge was dismissed.

Case Study: 'Sharing 50 tablets with my friends- Escapes jail'
Our client was charged with Supply prohibited Drug (50 ecstacy tablets). He was attending a rave party with his friends, all of whom chipped in to purchase 50 ecstacy tablets to be shared amongst them.

Unfortunately for our client, he drew the short straw, and was the one who was assigned the responsibility of purchasing the drugs for everyone else.

He told the police this story, however they did not believe him, thinking he was attending the rave party to sell drugs and make a profit.

He pleaded guilty to ‘supply prohibited drug”, on the basis that, whilst he did not intend on making a profit from his friends, he, according to the extended definition of ‘supply’ was guilty of the offence.

We attended Parramatta District Court to plead our client’s case and fight to keep him out of jail.

We produced evidence that our client’s story was the truth…photos of his group of friends in a bus they hired to get to the party, statements from friends who were part of the group, all of whom confirmed our client’s story.

Our client was sentenced to a suspended 18 month jail term, and remains a free man.

Client Release from Gaol Time Served After 22 Months Gaol for Large Commercial Supply of Methamphetamine (2kg)
Our client was a 31 year old Taiwanese national on a working holiday visa, charged with supplying a large commercial quantity of methamphetamine (2kg). Following an undercover operation, money was brought by an undercover police officer for the purchase of the drugs. He was ultimately arrested and charged with 5 others for his part of the supply.

He was sentenced by Judge Delaney at Sydney District Court in November 2016 to non-parole period of 21 months and 22 days with a head sentence of 32 months. He had already served his time and was released immediately.

An exceptionally good result.

Our client was deported back to Taiwan to be home with his family.

Case Study - Supply of 57 ecstasy tablets and 90 paper tabs of LSD, commercial quantity- Maximum 20 years jail- gets suspended sentence
Our client was charged with supplying a prohibited drug, 57 ecstasy tablets (MDMA), and supplying more than a commercial quantity of a prohibited drug, 90 paper tabs of LSD (Lysergide).

The drugs were found both in his vehicle and at his residence. The District Court accepted that the client was not involved in trafficking to a substantial degree.

It further accepted that despite the weight of LSD amounting to a commercial quantity in accordance to the Drug (Misuse and Trafficking) Act, most of the weight of the drug was attributable to the paper on which the drug was imprinted.

The Court accepted our solicitor’s submission that the client was remorseful, had good prospects of rehabilitation and that the offending had a occurred in the context of a turbulent family background that had, since his offending, stabilised.

Ultimately, the client received suspended sentenced for each of the offences and did not go to gaol.

Case Study - Lengthy Criminal Record, Bail Granted
Our client was charged with ‘deemed’ supply of 9 grams heroin while he was on parole for another offence.

Our client had an extensive criminal history and was previously incarcerated for personal violence offences.

Our senior criminal lawyers argued that the significant delay in the proceedings warranted bail being granted citing a numerous case law to support the argument.

The court agreed and granted bail to our client on strict bail conditions.

The great work and preparation of the bail application ensured that the magistrate’s ‘hands were tired’ and he had no option but to grant bail.

Case Study - Packaging on included in total weight of Drugs, supplier gets $2000 fine
Our client was charged with supply of Ecstasy. This weight of the drug meant that the matter is strictly indictable and must be dealt with in the District Court where the maximum penalty of 15 years imprisonment apply.

Our solicitor formed the view that the total weight of the drugs did not amount to the preliminary weight because the clip seal bag and packaging were also part of the initial weight.

Our solicitor entered into negotiations with the office in charge and an agreement was reached that the weight of the drugs be deleted from the facts sheet and our client agreed to plead guilty to the charge based on a lesser weight.

The matter proceeded to sentence at Parramatta Local Court and our solicitor submitted that our clients conduct did not constitute substantial involvement in supply or trafficking and that the supply was a one off supply to his friends.

Our solicitor argued that the offence could be dealt with by a fine only.

The court agreed and only imposed a $2000 fine. An excellent result, considering the maximum penalties that applied.

Case Study - From maximum 15 years imprisonment to No conviction!
Our client was charged with possession of cocaine. He admitted possessing the drug but disputed the quantity, which was allegedly almost 5 grams. In the first instance, the police failed to produce the drug certificate with the correct weight at court and refused to amend the weight.

We demanded the certificate prior to entering a plea and threatened to pursue a costs order against the police if it was not produced in accordance with the police prosecutor’s obligations of disclosure.

The drug certificate was produced with a weight of only 0.79 grams.

Our client was a successful businessman with a young family approaching the peak of his business and career. We submitted that a conviction would destroy his career, and that he had good prospects of rehabilitation.

The court agreed and dismissed the charges and did not record a conviction, pursuant to s. 10 of the CSP Act.

Case Study - Supply drugs, client escapes conviction
Our client was charged with two drug offences:

  1. Possession of ecstasy which is contrary to s10(1) of the Drug Misuse and Traffic act 1985. This is a matter which is heard in the Local Court with a maximum penalty of $4400 fine and/or two years in Gaol.
  2. Supply of ecstasy which contrary to s25(1) of the Drug Misuse and Traffic Act 1985. Because of the amount of Drug said to have been supplied the offence was charged as a ‘Strictly Indictable’ matter – this meaning it would be heard in a District Court. The maximum penalty is $220,000 and/or Ten years Gaol.

Our experienced lawyers kept both matters in the Local Court jurisdiction limiting the maximum penalties to a $2200 fine and/or Two years in Gaol for each offence.

The charges were supported by clear evidence yet after comprehensive negotiations between our lawyer and Police prosecutors a Plea of Guilt was entered to a drastically altered charge sheet. We advised our client of how best to prepare for sentence assisting in obtaining reports and other material for the sentencing process. A large number of documents and reports were submitted to the Court by our lawyer who spoke at length on our client’s behalf.

Our client was found guilty of both offences with no criminal conviction recorded against him. He was ordered to enter into a Bond of Good Behaviour for a period of two years with no other penalty.

Case Study - 4 years jail for involvement in importation of 585kg of Methamphetamine
Our client was charged for his role in importing a commercial quantity of a prohibited drug, being 585kg of Methamphetamine. He was also charged with the supply of 47g of methamphetamine, as a separate charge.

This was the largest ever recorded importation of methamphetamine in Australia’s history.

The offence carries a maximum term of imprisonment of life.

Our client was 21 years old at the time of the offence, and was recruited by others to participate in the movement of the drugs from the warehouse, upon them arriving in Australia. He was clearly a person who had a minor role in the offence and had little control over the enterprise and its operations. He was recruited to undertake certain tasks, to enable those above him to keep a distance from detection.

Adam from our office fought hard to establish a strong case for leniency for our client, and was successful in establishing many mitigating circumstances that would lessen the overall jail term.

The case appeared before Sweeney J, in Sydney District Court in June 2014.

Our client was sentenced to a non-parole period of 4 years imprisonment.

An extraordinary result for an extremely serious charge.

Case Study - Supply 70 ecstacy tablets, client receives section 9 Good behaviour Bond in Sydney District Court
The Maximum Penalty in the District Court 15 year’s imprisonment or $220,000 fine or both.

During a three day Music festival in Sydney our client was involved in the supply of the prohibited drug MDMA, the drug is also known as ecstasy. Messages were sent and received from our clients mobile phone in relation to drug sales. Notes of amounts of cash, sales and names were also recorded on the phone.

On the last day of the event our client was approached by Police outside the venue. He was spoken to and searched by Police. In his possession he had 70 tablets of MDMA weighing a total of 13 grams. The tablets comprised of three separate parcels of each containing 20 tablets and a further parcel of 10. Our client was arrested and taken into Police custody where he made admissions to possessing the drug and supplying others.

The law in NSW states that ‘a full time custodial sentence ought to be imposed wherever the offender has been substantially involved in the supply of prohibited drugs’. The law goes on to say ‘a full time custodial sentence must be applied in the absence of exceptional circumstances’.

The sentence was heard at Sydney District Court in June 2014.

Our lawyers successfully persuaded the District Court Judge Haesler to find ‘exceptional circumstances’. Our client was sentenced to a Bond of Good Behaviour for a period of two years pursuant to s9 of the Crimes Sentence Act 1999.

An extraordinary result for our client.

Case Study - Section 10 No conviction for Supplying Ecstacy
Our client was charged with one drug offence:

1) Supply of ecstasy which contrary to s25(1) of the Drug Misuse and Traffic Act 1985. Because of the amount of Drug said to have been supplied the offence was charged as a ‘Strictly Indictable’ matter – this meaning it would be heard in a District Court. The maximum penalty for this offence in a District Court is $220,000 fine and/or fifteen years Gaol.

Our experienced lawyers negotiated with the prosecution and split the charge into one possess charge and one supply charge this enabling the matters to be kept the in the Local Court jurisdiction. The Local Court jurisdiction has limited sentencing powers with the maximum penalties of a $2200 fine and/or two years in Gaol.

The supply charge was supported by clear evidence including admissions by our client to officers at the scene.

After comprehensive negotiations between our lawyers and Police prosecutors a Plea of Guilty was entered to a drastically altered charge sheet.

We advised our client of how best to prepare for sentence assisting in obtaining psychiatric reports, counseling and other material for the sentencing process. A large number of documents and reports were submitted to the Court by our lawyer who spoke at length on our client’s behalf about the impact the incident had on him and j\his family members and the effect that his involvement with the Courts had altered his understanding of drugs.

The Magistrate made findings of guilt in relation to two charges with no criminal conviction recorded against him. He was ordered to enter into a Bond of Good Behavior for a period of two years with no other penalty.

An incredible result!

Case Study - Section 9 Bond for supplying 70 pills at Music Festival
Drug Misuse and Trafficking Act 1999 s25(1)
Maximum Penalty in the District Court 15 year’s imprisonment or $220,000 fine or both.
There is No Standard Non Parole Period.

During a three day Music festival in Sydney our client was involved in the supply of the prohibited drug MDMA, the drug is also known as ecstasy. Messages were sent and received from our clients mobile phone in relation to drug sales. Notes of amounts of cash, sales and names were also recorded on the phone.

On the last day of the event our client was approached by Police outside the venue. He was spoken to and searched by Police. In his possession he had 70 tablets of MDMA weighing a total of 13 grams. The tablets comprised of three separate parcels of each containing 20 tablets and a further parcel of 10. Our client was arrested and taken into Police custody where he made admissions to possessing the drug and supplying others.

The law in NSW states that ‘a full time custodial sentence ought to be imposed wherever the offender has been substantially involved in the supply of prohibited drugs’. The law goes on to say ‘a full time custodial sentence must be applied in the absence of exceptional circumstances’.
Our lawyers successfully persuaded the Judge Haesler in the Sydney District Court to find ‘exceptional circumstances’.

Our client was sentenced to a Bond of Good Behaviour for a period of two years pursuant to s9 of the Crimes Sentence Act 1999.

In other cases a where people were not represented by LY Lawyers a person with 9.7 grams was sentenced to Gaol for 9 months , a person with 12.8 grams 12 months in gaol, and a person with 12.2 grams was sentenced to 2 years gaol.

Case Study - Intensive corrections order for supplying 56g of 78% pure Methamphetamine
Our client was a 30 year old man who was caught with 2 ounces of high grade methamphetamine in his car.

Adam of LY Lawyers applied for and was granted bail for our client at Liverpool Local court, when the matter first came to court.

He had a minor criminal record. He was drug dependant at the time of the offence, however had successfully completed various rehabilitation programs whilst on bail. He had also provided evidence was rehabilitation of his gambling addiction.

His wife had just given birth to his first child, and had a strong subjective case in arguing for a sentence other than full time imprisonment.

The case appeared before Judge Baly at Parramatta District Court in early November 2014, where, represented by LY Lawyers and our Barrister, Judge Baly accepted our submission that our client had excellent prospects of rehabilitation and could be made to serve his sentence of imprisonment in the community.

The judge ordered an assessment for an Intensive Corrections order, which on the next occasion at court in early December 2014, was ordered.

An exceptional result for our client.

Case Study -2 S10 Bonds, No Criminal Convictions.
Our client came to us having pleaded guilty to knowingly take part in supply of less than 27 grams of cannabis and dealing with money reasonably believed to be proceeds of crime – $880.00 in a sip lock bag with the cannabis.

Our client was convicted in the local court and he wanted to appeal.

The facts were:

  • Our client was arrested in his car with someone in the car;
  • The Police searched the car and located 27 grams of cannabis;
  • The cannabis was in two separate zip lock bags. One bag had small amounts of cannabis in smaller zip lock bags already separated;
  • The Police also found scales in the car;
  • The Police found a piece of paper with names and numbers;
On appeal our client gave evidence of his drug use. He had rehabilitated his drug addiction, although not with some hiccups. He was studying and wanted to become a chartered accountant.

Our client was successful in his appeal and was sentenced to two section 10 bonds for 18 months. He remains free of any criminal conviction.

Case Study - Charge of Supply Withdrawn.
Our client was charged with the supply of 63 ecstasy pills, 27 grams of cocaine and dealing with proceeds of crime in the amount of $1200.

Our solicitor successfully had the charge of supply of 27 grams cocaine withdrawn during the committal stage of the proceedings.  

The matter proceeded to sentence before Judge Delaney on the charge of proceeds of crime and supply of the ecstasy tablets.

Our solicitor successfully argued our client was not trafficking to a substantial degree and that our client was unlikely to reoffend.  Further our solicitor argued that our client should receive a future discount for his assistance to the police.  

The court imposed a 20 months term of imprisonment but suspended that sentence on the condition our client is to be of good behaviour.

Case Study - Drug Offence gets ICO.
Our client was charged with supply of prohibited drug namely 9 grams cocaine and dealing with proceeds of crime in the amount of $9000.  These are both serious offences and a rule in sentencing in drug offences is that a full time custodial sentence is appropriate if a court finds someone has been trafficking to any substantial degree. 

 The matter proceeded to sentence at the Sydney District Court before Judge Bennett.  The prosecution argued that our client engaged in trafficking to a substantial degree and that full time custody was the only appropriate sentence.  

We successfully argued that our client was not trafficking to a substantial degree and that our client demonstrated significant remorse and rehabilitation. The court agreed with our position that our client could serve his sentence by way of intensive corrections order (ICO)

 Our client is currently serving his two year term of imprisonment within the community by way of ICO.

Case Study - 2 Counts of Supply and 3 Counts of Possession, 2 Section 10's
Our client was charged with 2 counts of supplying a prohibited drug (deemed supply – indictable quantity and 3 counts of possessing a prohibited drug.

He was caught with drugs in his possession of the drugs outside Subsonic Music Festival at Barrington Tops, NSW. He was found with:

1. 7 grams of crystal MDMA (deemed supply)

2. 49 LSD tablets (deemed supply)

3. 1g of cocaine

4. 1g of cannabis

Following successful negotiations with the DPP, Adam of LY Lawyers was able to reduce the charge of Commercial Supply of Prohibited Drug (LSD) to an Indictable Supply of Prohibited Drug. The case was committed for sentence from Raymond Terrace Local Court to Newcastle District Court

Our client’s case of successful and ongoing rehabilitation was faultless. He provided the court with numerous reports and evidence of his constant drug rehabilitation over the course of 9 months since his arrest. Evidence was also adduced pointing to the non-commercial nature of the supply offences, thus departing from any suggestion of ‘drug trafficking’ on the part of our client

Judge Ellis of Newcastle District Court heard the case on 21 October 2016. Ellis J was extremely impressed with our client’s progress and accepted our argument that the offence “fell right at the bottom end” of objective seriousness in cases such as these

His Honour excercised his discretion to not impose a criminal conviction, placing our client on 2 Section 10 Bonds for a period of 2 years.

Case Study - Commercial Supply Of Prohibited Drugs, Suspended Sentence Of 21 Months.
In 2014 our client was charged with supply of a commercial quantity of prohibited drug namely 130 grams of ecstasy. This charge carries a maximum penalty of 20 years imprisonment.

We were instructed to appear at the bail application and our principal successfully applied for bail. Our client was released pending his trial.

Our client instructed us that some of the drugs were for his own personal use and instructed us to take the matter to trial. Successful negotiations on the first day of the trial resulted in the charge being downgraded to a supply amount above the indictable quantity, an amount of 119 grams. The maximum penalty is 15 years imprisonment for this charge.

The matter proceeded to sentence and the court was impressed by our clients rehabilitation over a 20 month period since his release bail.

Our client was sentenced to a 21 months term of imprisonment which was suspended pursuant to section 12. Our client remained a free person. An exceptional result for our client.