At Chidiac & Associates, we provide experienced criminal defence representation to clients facing drug supply charges throughout Sydney and New South Wales. We carefully examine the Prosecution evidence, the alleged quantity, the accused person's role and whether the Prosecution can establish that the accused knowingly participated in the supply.

What is Drug Supply?

The principal offence is contained in section 25 of the Drug Misuse and Trafficking Act 1985 (NSW).

It is an offence to supply, or knowingly take part in the supply of, a prohibited drug.

"Supply" is broadly defined and can include:

• selling a prohibited drug;
• providing drugs to another person;
• distributing drugs;
• agreeing to supply drugs; or
• knowingly participating in a supply transaction.

A person does not necessarily need to receive payment for an offence to occur. Providing drugs to another person without payment can also constitute supply depending upon the circumstances.

Drug Quantity Categories

The Drug Misuse and Trafficking Act establishes different quantity thresholds for prohibited drugs. The applicable thresholds vary depending upon the particular drug.

The relevant categories include:

• Small quantity;
• Indictable quantity;
• Commercial quantity; and
• Large commercial quantity.

These thresholds can have a significant impact upon how the matter is dealt with and the maximum penalty that applies.

The legislation's Schedule 1 sets out the applicable quantities for individual prohibited drugs.

Small Quantity Supply

Where a supply offence involves no more than the applicable small quantity, the offence may be dealt with summarily under section 30.

If dealt with summarily, the maximum penalty is:

2 years' imprisonment and/or 50 penalty units.

The availability of summary disposal depends upon the particular offence and statutory requirements.

Indictable Quantity Supply

Where the quantity exceeds the small quantity but remains below the commercial quantity, section 25(1) generally applies.

If the matter is dealt with on indictment under section 32, the maximum penalty is:

15 years' imprisonment and/or 2,000 penalty units

For offences involving cannabis plant or cannabis leaf, the maximum is:

10 years' imprisonment and/or 2,000 penalty units.

Certain indictable offences may nevertheless be dealt with summarily depending upon the quantity and applicable procedural provisions.

Commercial Quantity Supply

Where the alleged supply involves at least the applicable commercial quantity, section 25(2) applies.

For most prohibited drugs, the maximum penalty is:

20 years' imprisonment and/or 3,500 penalty units.

For cannabis plant or cannabis leaf, the maximum penalty is:

15 years' imprisonment and/or 3,500 penalty units.

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Large Commercial Quantity Supply

The most serious category is supply involving at least the applicable large commercial quantity.

For most prohibited drugs, the maximum penalty is:

Life imprisonment and/or 5,000 penalty units.

For cannabis plant or cannabis leaf, the maximum penalty is:

20 years' imprisonment and/or 5,000 penalty units.

A commercial quantity offence involving a large commercial quantity also carries a standard non-parole period in specified circumstances. For prohibited drugs other than cannabis leaf, the standard non-parole period is 10 years where the quantity is below the large commercial quantity and 15 years where it reaches the large commercial quantity.

Drug Supply Penalties at a Glance

These are maximum penalties, not automatic sentences. The precise penalty depends upon the charge, quantity, drug type and circumstances of the offending.

Elements of Drug Supply

To establish a drug supply offence, the Prosecution must prove the relevant elements beyond reasonable doubt.

1. A Prohibited Drug Was Involved

The Prosecution must establish that the substance was a prohibited drug, ordinarily through forensic analysis.

2. The Accused Supplied or Took Part in the Supply

The Prosecution must establish that the accused supplied the drug or knowingly participated in its supply.

Evidence may include:

• drugs and packaging;
• money or financial records;
• text messages and other communications;
• surveillance or CCTV;
• admissions;
• witness evidence; and
• evidence concerning the accused person's role.

3. The Required Knowledge and Participation

The Prosecution must establish the applicable fault elements and the accused person's knowing involvement in the supply.

Supply vs Possession for Supply

Supply should be distinguished from possession for the purpose of supply, which is a separate offence.

A person may be charged with possession for supply even where the Prosecution cannot establish that an actual transaction occurred.

Police may rely upon evidence such as:

• quantity of drugs;
• individual packaging;
• scales;
• communications;
• cash;
• customer information; or
• other evidence said to indicate an intention to supply.

Can I Defend a Drug Supply Charge?

Being charged with drug supply does not mean that you are guilty. The Prosecution bears the burden of proving the relevant offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the accused did not supply the drugs;
• the accused did not knowingly participate in the supply;
• the accused did not know the substance was a prohibited drug;
• another person was responsible for the supply;
• the quantity is disputed;
• the substance is not a prohibited drug;
• witnesses or other evidence are unreliable; or
• evidence obtained during a search or investigation should be challenged.

The appropriate defence depends upon the evidence in the individual matter.

Sentencing for Drug Supply

Where a person is convicted, the court may consider:

• the type and quantity of drug;
• purity where relevant;
• the accused person's role;
• whether the supply was commercial;
• the sophistication and duration of the offending;
• financial motivation;
• the accused person's criminal history;
• prospects of rehabilitation;
• personal circumstances and remorse; and
• whether an early guilty plea was entered.

For commercial quantity offences, the quantity, role and circumstances of the supply can be particularly significant in determining the appropriate sentence.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your drug supply charge;
• detailed analysis of the Prosecution evidence;
• assessment of the alleged drug quantity and applicable category;
• examination of communications, surveillance and forensic evidence;
• advice concerning potential defences;
• representation at court;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.