Charged with Drug Supply? Contact Us Now

In the complex realm of drug supply charges, expert legal representation is essential. The strain of facing these sorts of charges can severely impact every aspect of an individual's life, employment and travel.The moment you’re charged with drug supply charges, the clock starts ticking, which is why it is crucial to seek specialised help. Don't leave your future to chance, speak to one of our expert lawyers and let us lead your fight.

How can Faraj Defence Lawyers Help?

Being charged with drug supply can be an overwhelming experience, but Faraj Defence Lawyers are here to guide you every step of the way. As a premier criminal defence firm, we specialise in tackling drug supply charges, ensuring that our clients receive the highest level of legal representation.

Our team consists of experienced lawyers who have an exemplary track record in criminal law cases. Over the years, we have gathered extensive insights and strategies tailored specifically for drug supply charges, ensuring your case is handled with precision and care.
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Understanding the intricacies of the law and its application, our lawyers work diligently to protect your rights and provide the best possible defence. Our unwavering commitment to excellence and our proven track record in drug-related law make us the ideal choice for those facing drug supply allegations.
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Call Faraj Defence Lawyers now at (02) 8896 6034 or email us at af@farajdefencelawyers.com.au

What is the Offence of Supply of Prohibited Drug?

The act of supplying a prohibited drug is strictly prohibited under Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW): "A person who supplies, or knowingly participates in the supply of, a prohibited drug commits an offence."
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This isn't just limited to the sale of illegal substances, it covers any substance listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW), including popular drugs such as:

• MDMA

• Cocaine

• Cannabis

• and Heroin and others

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 definition of "supply" is comprehensive. Beyond direct sale, it 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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Drug supply covers a wide spectrum of activities associated with prohibited drugs, this means individuals can face serious legal consequences even if they play just a minor role in the overall supply chain.

What is the Charge of 'Deemed Supply'?

A Deemed Supply is a charge that can be faced by an individual that is found with a quantity of drugs that exceeds the legally defined threshold for personal use. This means that the law assumes an intention to supply even if there is no additional evidence to support the supplying of drugs.

Section 29 of the Drug Misuse and Trafficking Act 1985 (NSW) makes this an offence, ‘A person who has in his or her possession an amount of a prohibited drug which is not less than the trafficable quantity of a prohibited drug, shall, for the purposes of this division be deemed to have prohibited drug in his or her possession for supply’.

Rather than the prosecution needing to prove intent to supply, the accused must demonstrate that their possession of the drug was for reasons other than supply. This may include personal use, even if the quantity exceeds the threshold. This inverted burden of proof can present significant challenges for those charged, making legal representation crucial.

What is the Maximum Penalty for Drug Supply?

Drug Supply is a serious offence, and its penalties are structured based on both the type and quantity of the prohibited drug involved. The jurisdiction in which the case is handled also influences the penalties.

Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) outlines the specific quantities that classify drugs under various quantities for a vast range of prohibited drugs.

Although these penalties seem tough, it is important to note that these are ‘maximum’ penalties, so these will only apply to the most serious of cases involving drug supply.
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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.

What are my options if I have been charged with Drug Supply?

If you've been charged with Drug Supply, it's natural to feel overwhelmed and uncertain about the next steps. However, understanding your legal options and rights can guide your decisions and significantly impact the outcome of your case.

First time offence? Read our article "First time Drug Supply Charges NSW: Sentencing Guidelines" for more information.

Pleading Guilty to Drug Supply Charges?

When faced with Drug Supply charges, one of the options available to the accused is to plead guilty. By accepting responsibility and entering a plea of 'guilty' at an early stage, the accused acknowledges agreement with the charges presented against them.
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Taking this route can have its advantages. Pleading guilty, especially early on in the legal process, can often lead to a more lenient penalty, a court must apply a ‘discount’ to your sentence for admitting guilt early on.
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In the end, the penalty you face depends on the specific factors surrounding your case, the primary aspects that influence the severity of your sentence is the type and amount of drug supplied.
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It is crucial to understand the implications, potential outcomes and ways to mitigate the consequences when making such a choice, which is why it is always recommended to consult with a legal professional before admitting guilt.
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A knowledgeable lawyer understands the nuances of drug supply cases and can advocate for a lighter sentence based on various mitigating factors such as your character, circumstances of the offence and your personal history.

Pleading not guilty to Drug Supply Charges

Choosing to plead ‘not guilty’ to a drug supply charge means that the defendant is challenging the accusations presented against them. Your lawyer can dispute and challenge key elements such as ownership, knowledge, search of property by police, type of drug, the purpose and possession of drugs, in order to help to drop your charges and allow you to succeed in winning your case.
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Having a good lawyer on your side defending on your behalf can use strategic defences to challenge evidence, cross examine witnesses effectively and raise doubts in the prosecution's case.
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When facing a drug supply charge, your optimal strategy and best chance at beating your accusation is to have a specialised drug-law lawyer in your corner. With a track record of success, Faraj Defence Lawyers have continually been determined in providing the greatest representation to all our clients for a diverse range of drug cases.
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We have effectively saved many clients from the burdens of prolonged legal battles, high costs and anxiety of facing jury trial alone.
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If you or someone you know has been charged with a drug supply, seek expert legal advice from one of our lawyers today.

What are the Defences for Drug Supply Charges?

Knowing your available defences can help in building a robust legal strategy, these defences are essential tools that help to challenge the assertions of prosecution. A breakdown of some of defences you might consider:

• Lack of intent; One common defence against drug supply charges is demonstrating a lack of intent to supply, this can involve showing that the drugs were meant for personal use and there was no intention to distribute or sell them. Evidence such as quantity of drugs, packaging or absence of sales-related proof can support this defence.

• 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.

• Entrapment; This is when law enforcement induces a person to commit a crime they otherwise would not have committed. If it can be shown that authorities or police used coercion, deceit or undue persuasion to cause the crime, then entrapment defence can be applied.

What must the Prosecution Prove?

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

Essentially;

• You supplied a prohibited drug, or

• You ‘took part’ in supplying a prohibited drug

This proof has to be of a standard of ‘beyond reasonable doubt’, ensuring that prosecution is almost certain that you committed this offence in order to secure a conviction. If adequate evidence is lacking, a drug supply charge may not be upheld, therefore not recorded.
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If the proof however is convincing enough, a drug supply conviction is probable. To navigate this outcome and achieve the best outcome, it's pivotal to have qualified legal representation, supporting and guiding you through the next steps.
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Seek the expertise of our professional and specialised drug lawyers based in Sydney at Faraj Defence Lawyers.

Why Choose Faraj Defence Lawyers?

At Faraj Defence Lawyers, we understand that being charged with drug supply can be a stressful and daunting time. That's why we are committed to ensuring that our clients are represented to the highest standard to ensure the best outcome is achieved with their best interests at heart.

We are experts in drug-related law and our knowledge is paramount in providing you with guidance every step of the way, making sure you feel safe and supported through this tough period of your life.

Don't leave this up to chance, contact us for a free no-obligation consultation with us today by calling (02) 8896 6034 or by emailing us at af@farajdefencelawyers.com.au asd