What is the penalty for supply prohibited drug?
This is a very difficult question to answer briefly.
The penalty for supply prohibited drug can range from a Section 10 (no conviction) to life imprisonment.
There are many varying degrees of seriousness when it comes to offences involving the supply of drugs.
What is the penalty for supply prohibited drug in the Local Court?
If your case is being heard in the local court of NSW, as opposed to the District or Supreme Court of NSW, the maximum penalty for supply prohibited drug is 2 years imprisonment.
The sentence that you receive will likely depend on some of the following factors:
- The type of drug it is alleged you have supplied (for example, cannabis is considered less serious that the supply of methamphetamine)
- The amount of the drug alleged that you supplied,
- Your previous criminal record (if you have one),
- Your personal circumstances,
- Your plea (plea of guilty attracts a discount of 25% of your sentence)
- The circumstances of the offence,
…and many other factors the court will take into account in sentencing.
For more information on sentencing, go to our sentencing page:
If it is your first offence, and the offence is not a particularly serious example, you may be eligible for a Section 10 (no conviction recorded).
For more information on Section 10, and to see case studies where we have represented others, go to:
What is the penalty for supply prohibited drug in the District Court?
Your charge of supply prohibited drug will be dealt with in the District court, if the weight of the drug it is alleged you supplied is an indictable quantity.
What is an indictable quantity of prohibited drug?
Different drugs have different “indictable” quantities attached to them.
To see a table of indictable quantities, go to our supply prohibited drugs page:
The penalty for supply prohibited drug in the district court can range of a good behavior bond to a sentence of life imprisonment!
Will I go to jail for supply prohibited drug?
The case of R v Clarke unreported, NSWCCA 15 March 1990 set the benchmark for jail sentences for drug supply offences.
Essentially, the court in Clark said that sentences of full-time imprisonment should be imposed in circumstances where there was “trafficking to a substantial degree”. This case reflects the court’s position that offences of supply prohibited drug are taken very seriously by the courts.
Our website contains a wealth of information about supply prohibited drugs, just to to our home page and click on the possess and supply prohibited drugs icon.
If you have been charged with supply prohibited drugs, it is imperative that you call LY Lawyers on 1300 595 299 immediately.