Drug Supply in New South Wales
Section 25 Supply of prohibited drugs
(1A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence.
(2) A person who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.
(2A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug (other than cannabis leaf) which is not less than the commercial quantity applicable to the prohibited drug to a person under the age of 16 years is guilty of an offence.
(2B) Where, on the trial of a person for an offence under subsection (1A) or (2A), the jury are satisfied that the person charged had, at the time the offence is alleged to have been committed, reasonable cause to believe, and did in fact believe, that the person to whom the prohibited drug was supplied was of or above the age of 16 years, they may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2), respectively, and the person is liable to punishment accordingly.
(2C) A person of or above the age of 18 years who procures a person under the age of 16 years to supply, or take part in the supply of, a prohibited drug (other than cannabis leaf) to another person is guilty of an offence.
(2D) A person of or above the age of 18 years who procures a person under the age of 16 years to supply, or take part in the supply of, an amount of a prohibited drug (other than cannabis leaf) which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.
(2E) It is a defence to a prosecution for an offence under subsection (2C) or (2D) if the defendant establishes that the defendant had, at the time the offence is alleged to have been committed, reasonable cause to believe, and did in fact believe, that the person who was procured to supply, or take part in the supply of, the prohibited drug was of or above the age of 16 years.
(3) Where, on the trial of a person for an offence under subsection (2) or (2D), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, they may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2C), respectively, and the person shall be liable to punishment accordingly.
(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966 , or
(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the supply of the prohibited drugis for the purpose of scientific research, instruction, analysis or study, or
(c) a person acting in accordance with a direction given by the Commissioner of Police under section 39RA,
(5) Nothing in this section renders unlawful the administration of a prohibited drug to a person being cared for by another person in the circumstances described in section 10 (2) (d).
Section 21 of the Drug Misuse and Trafficking Act 1985 – Penalties
The penalty for an offence under this Division is a fine of 20 penalty units or imprisonment for a term of 2 years, or both.
*It should be noted that these are the maximum penalties for this type of offence.
Penalties & Sentences available drug crimes in NSW include:
Section 10 – Avoid A Criminal Conviction
Under Section 10 of the Criminal (Sentence Procedure) Act 1999 the Courts have the discretion to not record a conviction on a person who is found guilty of a particular drug offence in New South Wales. Generally, the Court will only issue a Section 10 for the less serious drug matters and certain circumstances of the matter will need to be present to allow for the Courts to exercise such discretion. Often when a Court does issue a Section 10 they will also issue the defendant with a Good Behaviour Bond for a specified period of time. Contact one of our Drug Lawyers to discuss whether you may be in line to possibly obtain a Section 10 for your matter.
A Court imposed fine is probably the most common type of penalty handed down by a Court. The amount of the fine will be determined by the Judge or Magistrate and a number of factors will be taken into consideration when deciding how much the amount of the fine will be. Such factors would include the defendants employment status, their ability to pay the fine, the seriousness of the offence and whether any financial gain was made by the defendant through the offences.for less serious drug offences.
Good Behaviour Bond
The Courts have the ability to place a defendant found guilty of drug crimes on what is called a Good Behaviour Bond. This is basically where the defendant signs an undertaking to be of good behaviour by not committing any further crimes within a specified period of time. If the defendant does not commit any further crimes within the period of the Good Behaviour Bond then that bond will automatically expire at the end of the specified period. However, if the defendant does breach the Good Behaviour Bond within the specified period of time then the defendant can be brought back before the Court and re-sentenced on the same matter on which they received the Good Behaviour Bond for plus any other new additional offences they may have committed. The Court can place a person on a Good Behaviour Bond for a period of time anywhere up to 5 years from the time of sentence. The Court has the power to exercise such a Good Behaviour Bond under Section 9 of the Criminal (Sentencing Procedure) Act 1999.
Community Service Order
One particular type of non-custodial penalty that the Court often hands down is a Community Service Order, otherwise known as a CSO. Basically a Community Service Order will mean that the defendant will need to report to Probation and Parole Services who will then assess their suitability to perform certain community types of work. If the defendant is unsuitable for performing Community Service work due to being unfit or some other medical reason then this may exclude them from performing such an order which means the Court may have to consider other forms of penalties or sentences. Probation and Parole Services may also recommend that the defendant perform specific self-help programs to help them overcome problematic issues they may have. The Courts have the power to exercise a Community Service Order under Section 8 of the Criminal (Sentence Procedure) Act 1999.
Suspended Jail Sentence
A Court can issue a term of imprisonment however decide to suspend the period of imprisonment by placing the defendant on a Good Behaviour Bond under Section 12 of the Criminal (Sentence Procedure) Act 1999. If the defendant does not breach the Good Behaviour Bond within the specified period then they will not have to be subjected to incarceration. However, if they do breach the Good Behaviour Bond during the specified period then they may have to serve out the remainder of the period in full time custodial imprisonment. It must be noted that a Suspended Jail Sentence can only be issued by a Court where the term of imprisonment imposed on the defendant is not more than 2 years.
Intensive Correction Order
As of 1 October 2010 the Intensive Correction Order (ICO) replaced the sentence of Periodic Detention. The Intensive Correction Order is a form of punishment which is basically 1 step away from a term of full time imprisonment. A Court can only issue a sentence for an Intensive Correction Order where the term of imprisonment is less than 2 years.
A person who is sentenced to an Intensive Correction Order may have specific conditions attached to their sentence such as:
a) Reside only at a premises approved by Probation and Parole Services.
b) Be subject to random unannounced home visits.
c) Submit to searches.
d) Be subject to drug and alcohol testing.
e) Be subject to electronic monitoring.
f) Comply with curfews.
A breach of any additional conditions set by the Court could see the defendant serve out the remainder of the Intensive Correction Order period in full time custody.
A term of imprisonment is the most severe form of punishment that a Court can hand down to a defendant as it means that the person will lose all of their usual freedoms enjoyed by member of our community by being locked away in a correctional facility, otherwise known as jail or prison.
Drug crimes in New South Wales are considered extremely serious offences and most drug crimes are punishable by terms of imprisonment. The Courts will certainly assess the charges and also whether there are any other more appropriate forms of punishments other than jail however many drug crimes do carry lengthy terms of imprisonment.
Other Similar Offences & Penalties in NSW:
Attended Burwood Court for a charge of drug possession which happened at the StereoSonic Music Festival in November 2013. My lawyer was able to persuade the Court to not record a conviction. I received a Section 10 & am extremely happy with the result.
Information on Drug Offences & Issues
Beazley Singleton Sydney Drug Lawyers
Telephone: (02) 9283 8620
Facsimile: (02) 9283 8720
Address: 362-370 Pitt Street, Sydney NSW 2000
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