Can I avoid a criminal record for supply prohibited drug?

Supply prohibited drug is a more serious charge than drug possession. Therefore, most people will receive a criminal record. For first time offenders charged with supplying a small quantity, the likely penalty will be a fine or a community corrections order. 

However, it is possible to avoid a criminal conviction. As a result, a conditional release order could be imposed. The likelihood of this outcome depends on the quantity of the drug, the circumstances of the offence, and the subjective circumstances of the offender. 

We have achieved excellent results for matters involving large and small quantities, including non-convictions for drug supply matters dealt with in the District Court. 

Will I go to gaol?

The maximum penalty in NSW depends on the quantity and type of drug, and ranges from 10 years imprisonment to life. Therefore, it is possible to go to gaol for supply prohibited drug charges.

A term of imprisonment is likely, when the supply involves a large quantity of drugs. Gaol is also more likely, when the offending is sophisticated. Therefore, even if a person has no criminal record, it is possible to be sentenced to full time imprisonment. 

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Supplied, or knowingly took part in a supply;
2. Of a substance that is a prohibited drug. 

Therefore, you will be found not guilty if the prosecution is unable to prove these elements. 

What is the definition of drug supply in NSW?

The definition of ‘supply’ in NSW is very broad, and includes “taking part in any step” of a supply. It is also not necessary for the prosecution to prove that the supply was in exchange for financial or material gain. 

Schedule 1 of the Drug Misuse and Trafficking Act 1985 has a list of substances that are ‘prohibited drugs’. A prohibited drug also includes admixtures that contain a portion of a prohibited drug mixed in with another substance. For example, cannabis that has been baked into a cake.