FIRST TIME DRUG SUPPLY CHARGES IN NSW

Being charged with a Drug Supply offence for the first time is undoubtedly an unnerving experience. Nobody anticipates finding themselves in such a situation and the unpredictability that lies ahead can be nerve-racking. 

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At Faraj Defence Lawyers, we understand the overwhelming emotions you could be going through at that time. It's easy to feel like your case may be over, however having a specialised drug offence lawyer in your corner can make a significant outcome to your case. 

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Many people facing these charges frequently experience stress due to concerns about possible imprisonment, harm to their reputation and the potential effects on their future employment and career opportunities. 

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We understand that every individual's situation is unique, and we tailor our defence strategies to meet the specific needs and circumstances of each client. This guide will explain and go through the possible penalties and what to expect when faced with a drug supply charge for the first time. 

FIRST TIME DRUG SUPPLY: WILL I GO TO JAIL?

One question that gets asked most often is, “Will I go to jail?”. The legal system in NSW considers various elements when deciding the appropriate sentence for a drug supply charge. This includes the type and quantity of the drug, circumstances of the offence, offenders’ criminal history, your character and other important mitigating factors. 

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Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) makes the Drug Supply a punishable offence, ‘A person who supplies, or knowingly participates in the supply of, a prohibited drug commits an offence’. 

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The maximum penalties range from 2 years imprisonment to life imprisonment (25 years +). However, these penalties are only reserved for the most serious of offences in which offenders in these situations usually have an extensive and significant criminal history. 

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It is rare for a first time offender to receive a severe punishment such as imprisonment, courts in NSW typically look at all other alternative sentencing options, such as non-conviction penalties, fines, community release orders, community corrections order, etc before restoring to imprisonment.

HOW TO AVOID CONVICTION FOR A FIRST TIME DRUG SUPPLY CHARGE

There are several strategies and steps that one can employ to increase the chances of avoiding a conviction. This includes:

• Pleading Guilty early 
• Having your lawyer negotiate on your behalf
• Prepare character references for the court
• Complete an apology letter for the court
• Participating in Drug Diversion Programs

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Always remember the importance of acting quickly, seeking professional help, and taking proactive and strategic actions. 

PLEAD GUILTY EARLY

Pleading guilty early means you admit to the offence placed against you and skip trial, while it may seem counterintuitive, taking this approach can sometimes work in your favour. Courts tend to look favourably upon defendants who display a high level of cooperation, honesty and genuine remorse for their actions, which is why courts offer what's known as an ‘early plea discount’. 

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The Court must provide a discount to your sentence by 25% if you plead guilty before trial begins, the earlier the plea is submitted the better, as sometimes a later plea results in a lower discount. In addition to this, courts look at a guilty plea as a mitigating factor, helping to be provided with a more lenient sentence. 

HAVE YOUR LAWYER NEGOTIATE ON YOUR BEHALF

Having a skilled lawyer negotiate on your behalf can be one of your most powerful tools in successfully navigating a legal issue. Having a competent and specialised lawyer like Faraj Defence Lawyers, who can advocate vigorously for reduced charges or penalties by actively participating in negotiation, can help to optimise the outcome of your case.

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They will engage with the prosecution, aiming to clarify, challenge and modify various aspects of the case such as police fact sheets, nature of charges, etc. This negotiation can result in the dropping of charges or amendment of police facts to more accurately reflect the circumstances of your case. 

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Call us today at (02) 8896 6034 or by emailing us at af@farajdefencelawyers.com.au so we can negotiate on your behalf.

PREPARE CHARACTER REFERENCES FOR THE COURT

A character reference can help your defence by serving as a testament to the defendant's personality, ethics and overall demeanour from individuals who know them well. This includes people such as employers, teachers, family members or community leaders who can vouch for your character and integrity. 

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These letters should highlight your positive attributes such as responsibility and reliability, providing a more comprehensive view of your character beyond the legal charges. Including things like specific examples that showcase your good qualities can demonstrate that the behaviour in question is out of character, giving the court a broader perspective when making their decision. 

COMPLETE AN APOLOGY LETTER FOR THE COURT

Crafting a well-articulated and sincere apology letter to the court is a strategic move in legal proceedings involving drug supply charges. Such a letter can serve as a potent demonstration of remorse and accountability for one’s actions. 

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A meaningful apology can resonate with the magistrate, potentially increasing the likelihood of receiving a more lenient penalty, such as a Section 10 dismissal, which allows for no conviction to be recorded. The letter should convey clear and precise acknowledgment of the charges, reflecting a profound understanding of the seriousness of the drug supply offence.

PARTICIPATE IN DRUG DIVERSION PROGRAMS

Engaging in Drug diversion programs is a proactive approach that can positively influence the outcome of a drug supply case, potentially aiding in obtaining a non-conviction penalty. These drug programs are designed to help rehabilitation, reduce chances of reoffending and contributing positively to community, NSW Drug Courts find this favourable. 

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If a Drug Diversion Program is not applicable due to the nature of the specifics of the case, considering alternatives such as seeking counselling or undergoing rehab can also be seen favourable by Judges. 

WHAT ARE THE POSSIBLE DEFENCES FOR FIRST TIME OFFENDERS?

For a guilty verdict to be established, the prosecution must unequivocally prove that the defendant either sold, distributed, agreed or offered to supply illegal drugs, or possess such drugs with an intention to supply.

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This must be established to a standard of ‘beyond reasonable doubt’, if the prosecution successfully shows this to court, your lawyer can still present defences which can raise doubt in the prosecution's case. These defences include:

• Lack of knowledge
• Duress
• Necessity
• Police misconduct

Lack of knowledge 

One common defence against drug supply charges is demonstrating a lack of knowledge to supply. Meaning that you were unaware of the presence of prohibited drugs, as one of the elements the prosecution must prove is that you knowingly possessed and intended to supply the drugs in question.  

Duress 

A defendant can claim duress if they were compelled to commit the crime due to threats or intimidation. There was no plausible method for you to render the threat, and your actions were a justifiable reaction to the threat

Necessity 

The defence of necessity may be used if the defendant argues that their actions were necessary to prevent consequences which would be described as ‘irreparable evil’. The accused must prove that there was no alternative to avoid the threat and that they were in a situation in which imminent danger by human or natural forces make the criminal behaviour acceptable. 

Police Misconduct 

If there were irregularities or unlawful actions during the police processes, such as an illegal search without warrant, it could form the basis of challenging the evidence or the charge itself.

MAXIMUM PENALTIES FOR FIRST TIME DRUG SUPPLY

In New South Wales, the law takes a strict approach towards drug supply offences, even for those facing their first charges. This is due to the nature of the offence, being an indictable offence, it carries more weight than mere drug possession charges, as it suggests a level of commercial or distributive intent behind the act. 

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The penalties vary significantly based on the quantity and type of prohibited drug involved in the offence, from fines to substantial prison terms. Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) categorically establishes the legal thresholds, specifying the quantities such as small, traffickable, indictable, commercial, large commercial and lists the prohibited substances applicable to drug supply offences.

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The table below breaks down the maximum penalties based on the quantity of the drug involved. 

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However, the exact penalty one might face can be influenced by various factors. These can include the circumstances surrounding the offence, prior convictions, and the quality of legal representation.

DRUG SUPPLY SENTENCING GUIDELINES IN NSW

The sentencing guidelines for drug supply offences in New South Wales (NSW) are meticulously structured, primarily based on the weight categories of the drugs involved in the offence. Different weight thresholds, such as small quantity, indictable quantity, and large commercial quantity, play a pivotal role in determining the severity of the penalties imposed.

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The following table lists some of the most popular drugs and their distinct thresholds. 

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ALTERNATE PENALTIES FOR FIRST TIME DRUG SUPPLY OFFENDERS

Facing charges for drug supply is undoubtedly daunting, especially for first-time offenders. However, it's crucial to recognise that aside from the maximum penalties, the court has the discretion to impose various alternative penalties based on the specific circumstances of each case. Here are some of the alternatives:

• Section 10 Dismissal
• Conditional Release Order
• Fines
• Community Corrections order
• Intensive corrections order

Section 10 Dismissal 

In certain cases, an individual may be able to avoid a criminal record through a section 10 dismissal, this provision allows for the courts to discharge an offender without recording a conviction. This penalty is more attainable when certain factors are considered, such as the defendant being a first-time offender. 

Conditional release order (CRO)

A conditional release order is a bond that mandates compliance with certain conditions for a specified amount of time. As the name suggests, the release is ‘conditional’, typical conditions might include not committing any other offences for a certain period of time, participating in rehabilitation programs or counselling. 

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Your lawyer can advocate for you to receive a CRO non-conviction, meaning you get to complete your CRO without a conviction being recorded, meaning you will be criminal record free. 

Fines

Fines are a monetary penalty, this means the offender is required to pay to the courts a certain amount of penalty units in order to ‘pay back’ for the crime committed. The concept behind imposing fines is so the earnings made from the crime can be counteracted. 

Community corrections order (CCO)

A community corrections order is a community-based sentence with conditions such as community service, attending educational programs and/or restrictions to certain places. An CCO is usually applied to less serious charges or first-time offenders, this approach is more directed towards rehabilitation and community reintegration rather than punishment. 

Intensive corrections order (ICO)

An intensive correction order serves as an alternative to a full-time prison sentence instead of spending time behind bars; the offenders serve their sentence within the community but under strict, prison-like conditions. The conditions set tend to be highly strict and if breached can lead to the offender being sent to prison. 

THE COURT PROCESS FOR A FIRST TIME DRUG SUPPLY CHARGE IN NSW

Navigating the court system for the first time can feel like venturing into uncharted waters, especially when facing a charge as serious as drug supply. You're likely filled with uncertainty and questions, remember, it's completely natural to feel overwhelmed by the legal jargon, formalities, and the solemnity of the court environment. 

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We’re here to help simplify the process, offering a clear overview and laying out each step that you might encounter on this journey. Understanding what lies ahead can empower you, reduce anxiety, and allow you to participate more confidently in your defence. 

WHICH COURT WILL MY DRUG SUPPLY CHARGE BE HEARD?

The offence of drug supply is considered what's known as an ‘indictable offence’, meaning it's a more serious crime and the defendant has the right to trial by jury. This means the case can be heard from a Judge and can be heard from any court jurisdiction, this includes NSW Local, District or Supreme courts. 

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This is dependent on the seriousness of your case, for example most drug supply cases initially commence in the Local court as they tend to deal with summary offences and less severe indictable offences. However, if your case is more severe then the Local court may not have jurisdiction to deal with the case and therefore be referred to a higher court. 

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The amount and type of drugs found is a crucial factor in determining where the case will be headed, larger quantities generally lead to matters being heard in higher courts. 

WHAT TO EXPECT ON SENTENCING DAY

Here’s a glimpse into what sentencing day typically entails for a first-time drug supply charge in NSW: 

Arrival and Atmosphere

On the day of sentencing, ensure you arrive at the court well in time, dressed formally and prepared to show respect to the court’s procedures and formalities. The atmosphere is solemn and procedural. Upon arrival you will go through a security screening, after that your lawyer will assist you in checking in and locating the correct courtroom. 

Sentencing process 

Both the prosecution and your defence lawyer will be present, your lawyer will be by your side, explaining the complicated legal terminology, advising you on your responses and fiercely defending your behalf. This includes providing to the court your absence of a criminal record, remorse and any rehabilitative steps you have undertaken. 

Reading of the sentence 

The Magistrate or Judge will read out your sentence, explain the legal reasoning behind the decision. The court will consider the type and quantity of drug involved, manner of supply and any prior criminal history related to drugs. 

Post sentencing 

Your lawyer will clarify any ambiguities regarding the sentence, ensuring you understand the outcome and next steps. This is also the time to consider appeals, if your sentence seems unjust, your lawyer may discuss the prospects of appealing the decision. 

SENTENCING CONSIDERATIONS FOR FIRST TIME DRUG SUPPLY OFFENDERS

When sentencing first-time drug supply offenders, courts in NSW meticulously assess a variety of factors to determine the most appropriate punishment. Each case is unique, and a multitude of aspects come under consideration to ensure a fair and justified sentence. Below are just some of elements that court’s usually evaluate:

Purity and quantity of drug 

The purity and overall quantity of the prohibited substance in question play a significant role in the sentencing process. Higher purity and larger quantities tend to result in more severe penalties, reflecting the potential harm and the scale of the distribution network.

Level of participation 

The court will assess the offender's role and level of involvement in the drug supply chain. Beyond direct sale, the offence encompasses acts like:

• giving out drugs for free
• distributing them
• entering into agreements to supply
• making offers to supply
• holding drugs in one’s possession with intention of supplying, 
• and actions such as sending, receiving or even simply permitting any of these acts related to drug supply process. 

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Your participation level can be assessed based on all of the above and it is up to the court whether they believe your involvement was significant or minor. 

Behaviour during and after arrest 

The conduct of the offender at the time of the arrest and after is also vital, cooperation with law enforcement, respectful demeanour and a display of remorse could potentially influence the court's decision in a more favourable direction. 

Personal factors 

Personal and mitigating circumstances such as the offender's age, health, family responsibilities, employment status, and prior criminal record (if any) are also significant. These factors can play a crucial role in the determination of the sentence, allowing the court to consider the broader context of the offender's life and circumstances.

SHOULD I PLEAD GUILTY OR NOT GUILTY?

Facing a first-time drug supply charge in NSW compels you to make a significant decision: whether to plead guilty or not guilty. This decision is monumental, impacting the legal process and potential outcomes you might face. Here are some factors to consider in making your choice:

Pleading Guilty

• Acknowledgment of the Offence: Pleading guilty means acknowledging your involvement in the offence, accepting legal responsibility.
• Potential Benefits: A guilty plea, especially when done early, may lead to reduced penalties. The court often views it as a sign of remorse and responsibility, which might lead to a more lenient sentence.
• Streamlined Process: A guilty plea can simplify and expedite the court process, avoiding the uncertainty and stress of a trial.

Pleading Not Guilty

• Challenge to the Charges: Pleading not guilty allows you to challenge the prosecution's case. It signifies that you are contesting the accuracy or legality of the charges against you.
• Possibility of Dismissal: If the prosecution fails to prove the case beyond a reasonable doubt, the charges could be dropped, or you could be acquitted after trial.
• Detailed Examination: Pleading not guilty leads to a comprehensive exploration of the evidence, which could uncover legal or factual weaknesses in the prosecution's case.

SHOULD I FILL OUT A WRITTEN NOTICE OF PLEADING?

Section 182 of the Criminal Procedure Act 1986 (NSW) states that an accused person served with a court attendance notice may lodge in writing that the accused will plead guilty or not guilty to the offence/s listed on the court attendance notice. 

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This means when you come to your decision, you will need to fill out a written notice of pleading, this is a formal document where the accused officially states their plea, either being ‘Guilty’ or ‘Not Guilty’ in relation to the drug supply charge. It is a standardised way to communicate your plea to the court, ensuring your position is clear and recorded as part of the legal process. 

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At Faraj Defence Lawyers, we recommend consulting with one of our specialised drug supply lawyers before submitting, this is to ensure that your plea aligns with your legal strategy and defence. 

HOW CAN FARAJ DEFENCE LAWYERS HELP?

When faced with a drug supply charge, especially as a first-time offender, it's paramount to seek professional, experienced legal representation.

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Our strategic negotiations, robust defence tactics, and comprehensive knowledge have consistently helped clients get charges dropped, and receive non-conviction penalties and ‘not guilty’ verdicts. 

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Our team of Criminal Defence Lawyers is here to guide you through each phase of the legal process, offering clarity, support and customised legal strategy that aligns with the specifics of your individual case, aiming towards securing the best possible outcome. 

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If you are charged with a drug supply offence, book in a free consultation with us today by calling us at (02) 8896 6034 or by emailing us at af@farajdefencelawyers.com.au

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