Penalty for Ongoing Supply of a Prohibited Drug

Penalty for Ongoing Supply of a Prohibited Drug

What is ongoing supply of a prohibited drug?

In order for the prosecution to prove their case against you for a charge of ‘ongoing supply’, they must prove each of the following elements of the offence:

That you:

  1. supplied a prohibited drug;
  2. On 3 or more occasions;
  3. For financial or material reward;
  4. During a period of 3 consecutive days.

So, for example, if the prosecution cannot prove beyond reasonable doubt that 1 of the 3 alleged supplies took place, you will be found not guilty of the offence of ongoing supply.

If, however, the other remaining two instances of supply can be proven beyond reasonable doubt, you will be found guilty of 2 counts of supply prohibited drug.

Will it matter how much drugs was supplied on the 3 occasions?

Yes. For example, if it has been proven beyond reasonable doubt that you have supplied on 3 separate occasions a small amount of drugs, say for example 0.5 gram on each occasion, your sentence will be much more lenient that it would be if you had supplied more.

Ongoing supply of large quantities (for example commercial quantities) are rare however, and can attract extremely harsh penalties if found guilty.

What is the general penalty for ongoing supply if it is my first offence? Will I go to jail for my first offence?

The statistics for ongoing supply, as a first offender are:

Heroin:                                         73% go to prison;

Amphetamines:                         61% to to prison;

Cocaine:                                        47% go to prison;

Ecstacy:                                         53% go to prison.

These statistics are reflective of the seriousness of this type of offence.

The maximum penalty for ongoing supply is 20 years imprisonment.

How do I avoid jail for ongoing supply?

It is important that you obtain legal advice from experienced Sydney Drugs Lawyers. An experience criminal lawyer will help you prepare your case, advise you on your prospects of defending the case, and represent you in court on the day of your sentence and/or criminal trial

Will other sentencing options be available to the court?

Yes, full time jail must always be the sentence of last resort for any court that is sentencing an offender.

For more information on other sentencing options, click here.


Call LY Lawyers, Sydney leading Drug Offence Lawyers on 1300 595 299.