Supplying Prohibited Drugs On An Ongoing Basis

The maximum penalty for Supplying Prohibited Drugs on an Ongoing Basis is 20 years imprisonment. The offence applies to all prohibited drugs except Cannabis.

What is Supplying Prohibited Drugs on an Ongoing Basis?

The offence of Supplying Prohibited Drugs on an Ongoing Basis is set out in section 25A(1) of the Drug Misuse and Trafficking Act 1985 (NSW). The offence sets out the following:

A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.

The following acts constitute Supplying Prohibited Drugs on an Ongoing Basis:

• A person purchases a bulk quantity of ecstasy pills and sells 20 pills each to three different dealers over the course of 14 days, making a profit on each transaction.
• A person sells a small amount of Cocaine to a colleague on a Friday night, an amount of ecstasy to a friend the following Saturday night and then sells methamphetamine to a different buyer two weeks later, all for cash payments.

What Must be Proven?

For a person to be found guilty of Supplying Prohibited Drugs on an Ongoing Basis, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• An accused person, on three or more separate occasions,
• During 30 consecutive days,
• Supplied any prohibited drug (other than cannabis) or a combination of prohibited drugs (other than cannabis),
• For financial or material reward.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

What are Possible Defences?

The following defences may be available for a Supplying Prohibited Drugs on an Ongoing Basis charge:

• Duress 
• Necessity
• The supply was not for profit and was supplying to friends with no financial or material award
• The substance was not a prohibited drug 
• The alleged incidents of supply occurred over a period longer than 30 consecutive days

Common Questions about Supplying Prohibited Drugs on an Ongoing Basis

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely but will heavily depend on the quantity of the prohibited drug and what jurisdiction hears the matter, whether that be in the Local or District Court.

In NSW, a Court can impose any of the following penalties for a Supplying Prohibited Drugs on an Ongoing Basis charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Supplying Prohibited Drugs on an Ongoing Basis might jeopardise your job, any future jobs or make it difficult to obtain visas for overseas travel. Offences of this nature may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for Supplying Prohibited Drugs on an Ongoing Basis?

Offences of this nature will likely attract a term of imprisonment if convicted. 

Does this charge apply to all types of drugs?

No. The charge of “Supplying Prohibited Drugs on an Ongoing Basis” specifically excludes cannabis. It applies to all other prohibited drugs, such as Cocaine, Ecstasy, Heroin, and Methamphetamine.

Does it have to be the same drug supplied on all three occasions?

No. The law allows for a conviction even if the accused supplied a different prohibited drug on each of the three or more occasions. For example, one supply of Cocaine, one of Ecstasy, and one of Heroin within the 30-day period would satisfy this element.

What is the difference between this offence and a standard drug supply charge?

A drug supply charge focuses on the quantity of the drug involved and can be based on a single instance of supply whereas ongoing supply focuses on the frequency and duration of the illegal drug supply, specifically targeting a pattern of dealing. The quantity of drugs involved in each of the three supplies can be very small (even less than the “trafficable quantity”), but the fact that the activity was repeated for profit within a short timeframe makes it a more serious charge.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.