Welcome to the NSW Supply prohibited drug article page. Everything you need to know about Supply prohibited drug according to NSW law - Dated: 01/09/2009
According to NSW Law for the charge of Supply prohibited drug,
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
| 3181 |
Supply a prohibited drug |
| 16972 |
Supply cannabis >indictable & < commercial quantity-T1 |
| 16958 |
Supply prohibited drug <=small quantity-T2 |
| 16960 |
Supply prohibited drug >indictable quantity (not cannabis)-SI |
| 16959 |
Supply prohibited drug >small & <=indictable quantity-T1 |
| 68391 |
Take part in supply of a prohibited drug |
| 68393 |
Take part supply cannabis >indictable & < commercial qty-T1 |
| 68395 |
Take part supply prohibited drug >indictable quantity (not cannabis)-SI |
| 68394 |
Take part supply prohibited drug <=small quantity-T2 |
| 68396 |
Take part supply prohibited drug >small &<=indictable quantity-T1 |
According to NSW Law for the charge of Supply prohibited drug,
The maximum penalty for the charge of supply of prohibited drug (Section 25 of the Drug Misuse and Trafficking Act) is is a fine of 2000 penalty units and/or 15 years imprisonment.
In NSW, a court can impose any of the following penalties for a supply of prohibited drug charge.
You’ll find a brief description of each of these penalties at the bottom of this page.
Likely Penalty
Local Court
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of supply prohibited drug, if heard in the Local Court is likely to be:
• Cocaine: A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
• Cannabis: A suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.
• Heroin: A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
• Amphetamines: A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
• Ecstasy: Cocaine: A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
For first time offenders the likely penalty is:
• Cocaine: A good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act.
• Cannabis: A good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act.
• Heroin: A suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.
• Amphetamines: A good behaviour bond with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
• Ecstasy: A good behaviour bond with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
District Court
If this matter is finalised in the District Court the likely penalty is:
• Cocaine: Imprisonment for a period of 3 years.
• Cannabis (leaf): Imprisonment for a period of 2 ½ years.
• Heroin: Imprisonment for a period of 2 ½ years.
• Amphetamines: Imprisonment for a period of 2 ½ years.
• Ecstasy: A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
For first time offenders the likely penalty is:
• Cocaine: Intensive correction order for a period of 2 ½ years.
• Cannabis (leaf): Imprisonment for a period of 2 years.
• Amphetamines: A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
• Heroin: A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
• Ecstasy: A suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.
The above penalties are based on a quantity that is less than commercial value. Penalties vary depending upon the quantity of the prohibited drug.
To convict you of a supply of prohibited drug charge, the police must prove each of the following matters beyond a reasonable doubt:
- You supplied, or knowingly took part in the supply of,
- a prohibited drug.
They will also need to prove that you were the person who committed the supply of prohibited drug offence.
Possible defences to a supply of prohibited drug charge include but are not limited to
Where the amount of prohibited drug exceeds the indictable quantity, this matter is strictly indictable which means that it can only be finalised in the District Court.
Where the amount of prohibited drug does not exceed the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the amount of prohibited drug does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Section 10 for a supply of prohibited drug charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
Fines for a supply of prohibited drug charge: When deciding the amount of a fine for a supply of prohibited drug charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Good behaviour bond for a supply of prohibited drug charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Community service order for a supply of prohibited drug charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Suspended sentence for a supply of prohibited drug charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Periodic detention for a supply of prohibited drug charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for a supply of prohibited drug charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
Jail for a supply of prohibited drug charge: This is the most serious penalty for the charge of supply of prohibited drug and involves full time detention in a correctional facility. Read more.
