Despite the growing calls for Drug Possession to be de-criminalised, the offence of Drug Supply is still a significant area of the law that Police choose to focus their resources on.
What is the definition of “Drug Supply”?
An offence of supplying a prohibited drug is quite broad. The Legislation outlines that supply is: “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.”
This definition also includes “Deemed Supply” i.e. you are in possession of such a high quantity of drugs that there would be no other reason to have those drugs other than to supply it.
What are the Quantities that amount to Drug Supply and their penalties?
The higher the quantity of drug, the greater the penalty. Most Small and trafficable quantities of drug supply are dealt with in the Local Court. Indictable, Commercial and Large Commercial drug quantities are dealt with in the District Court. A break down of Drug quantities and penalties are below:
What do the Prosecution have to prove for Drug Supply?
To convicted of supplying a prohibited drug, the prosecution must prove each of the following matters beyond a reasonable doubt:
That the you supplied a prohibited drug; or
That you knowingly took part in the supply of a prohibited drug
Are there Defences to Drug Supply Charges?
Yes. The following examples are defences that can apply to the offence of “supply”:
- You did not have any knowledge of the drug that was found by Police.
- You held the drug(s) for the purpose of personal use only, not for supply.
- The drugs were found via an illegal search or arrest.
- The drugs were found in a common area, where it can not be excluded that someone else did not have access to that area.
- You were under Duress – i.e. Someone threatened to harm you in order for you to hold the drugs them.
How will my Lawyer assist?
Duncan & Co Lawyers will assist by providing you with full guidance on any Drug Supply matter. We are highly skilled lawyers in this area and provide you with guaranteed advice about the prosecution case that is against you. Contact us today on 02 4910 4054 or 0401 548 443.