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Supplying Prohibited Drugs

In NSW, acts that are related to prohibited drugs are punished under different sections of the Drug Misuse and Trafficking Act 1985 (DMTA).

The offence of supplying drugs on an ongoing basis is provided under Section 25 A which states that a person who supplies a prohibited drug on three or more occasions during any period within 30 consecutive days for financial or material reward is liable for imprisonment for 20 years, 3,500 penalty units or both.

Since the crime involves the act of supplying prohibited drugs, it is imperative for the police to prove that the accused was doing any of the acts covered by the term “supply” which is defined under Section 3 of the DMTA. Section 3 provides:

  • "supply" includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

The act of supplying a prohibited drug (except cannabis) to another person is the first element of the crime. The accused must have performed any of the acts under the ‘supply definition’ in Section 3.

The qualification to make the supply of prohibited drugs as being done on an ongoing basis is that the accused must have supplied a prohibited drug on at least three separate occasions during any period within 30 consecutive days. The third element is that the supply of the prohibited drug was for purposes of financial or material reward.

An accused can build his case based on the aforementioned elements. An accused can dispute the allegation against him that he supplied prohibited drugs. He can simply deny the allegation or provide an alibi by proving that he was someplace far on the dates that he was charged with supplying prohibited drugs.

The accused can also prove that there was no supply on an ongoing basis or that he did not receive monetary or material gain but be careful with these defences because it is still possible that the accused can be charged with other drug offences, although with lower penalties.

Being involved in the criminal or police process can be quite demanding, rigorous, and time-consuming. Hiring the right criminal lawyers can often make a substantial difference in your case.


Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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