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Written by
Lionel Rattenbury
Criminal Defence Lawyer


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Drug Offences - NSW
Welcome to the NSW Supply prohibited drug on ongoing basis article page. Everything you need to know about Supply prohibited drug on ongoing basis according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Supply prohibited drug on ongoing basis
According to NSW Law for the charge of Supply prohibited drug on ongoing basis,

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:

Law Part Short Description
28937 Supply prohibited drugs on an ongoing basis-SI

The Maximum Penalty - Supply prohibited drug on ongoing basis
According to NSW Law for the charge of Supply prohibited drug on ongoing basis,

The maximum penalty for the charge of supply prohibited drug on an ongoing basis (Section 25A of the Drug Misuse and Trafficking Act) is a fine of 3,500 penalty units and/or 20 years imprisonment.

In NSW, a court can impose any of the following penalties for a supply prohibited drug on an ongoing basis charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

District 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 a prohibited drug on an ongoing basis, if heard in the District Court is likely to be: 

• Cocaine: Imprisonment for a period of 3 years.
• Heroin: Imprisonment for a period of 3 years.
• Amphetamines: Imprisonment for a period of 3 years.
• Ecstasy: Imprisonment for a period of 3 years.

For first time offenders the likely penalty is

• Cocaine: Intensive correction order for a period of 2 ½ years.
• Heroin: Imprisonment for a period of 2 ½ years.
• Ecstasy: Intensive correction order for a period of 2 years.

What the Police must prove according to NSW Law for Supply prohibited drug on ongoing basis

To convict you of a supply prohibited drug on an ongoing basis charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You supplied a prohibited drug (other than cannabis) to another person or persons.
  2. The prohibited drug was supplied on three or more separate occasions during any period of 30 consecutive days.
  3. The supply of the prohibited drug was for financial or material reward. They will also need to prove that you were the person who committed the supply prohibited drug on an ongoing basis offence.

Possible Defences under NSW Law - Supply prohibited drug on ongoing basis

Possible defences to a supply prohibited drug on an ongoing basis charge include but are not limited to:

In NSW which court will hear the matter - Supply prohibited drug on ongoing basis

This matter is strictly indictable which means that it can only be finalised in the District Court.

Section 10 for a supply prohibited drug on an ongoing basis 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 prohibited drug on an ongoing basis charge: When deciding the amount of a fine for a supply prohibited drug on an ongoing basis 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 prohibited drug on an ongoing basis 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 prohibited drug on an ongoing basis 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 prohibited drug on an ongoing basis 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 prohibited drug on an ongoing basis 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 prohibited drug on an ongoing basis 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 prohibited drug on an ongoing basis charge: This is the most serious penalty for the charge of supply prohibited drug on an ongoing basis and involves full time detention in a correctional facility. Read more.

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