Being charged for supplying illegal drugs is a serious matter and significantly more severe than being found in possession of an illegal substance, with consequences up to life imprisonment a possibility, you will need an experienced lawyer by your side, to ensure the best chance of a favorable outcome to the case.
There a multiple factors that can contribute to the possible case outcomes, such as the intent for the drugs, the amount and the type, so to have a full understanding of what options are available, it is always best to speak to a specialized criminal law solicitor.
How is possessing drugs and supplying drugs different?
There is a significant difference between possession and supply within the law, with varied consequences for each.
Drug Possession – in most cases a situation where the illegal substance found is less than the ‘traffickable’ minimum amount and there is no proof of supplying to another person.
Drug Supply – Drug supply in most cases is any volume of illegal drugs that are on or above the ‘traffickable’ amount and there is sufficient proof of supplying to another person.
Deemed Drug supply – This charge can be utilized if the amount found is more than the traffickable quantity of the illegal substance, even if there is zero evidence of you supplying it.
If this charge is laid then it is up to you, the defendant, to adequately prove that the accusation of supplying illegal substances is false.
|Small quantity||Traffickable quantity||Indictable quantity||Commercial quantity||Large Commerce quantity|
|Heroin, Cocaine, Amphetamine||1g||3g||5g||250g||1kg|
What are the penalties for Drug Supply?
There can be many factors that are involved in a sentencing and it is important that you are aware of the possibilities and consequences, which is why using a professional can be a defining factor in your case.
|DRUG AMOUNTS||MAXIMUM PENALTY|
|Small Quantity||In the Local Court, $5,500 fine and/or 2 years imprisonment.|
|In the Local Court, $11,000 fine and/or 2 years imprisonment.|
|Indictable Quantity||in the Local Court, $11,000 fine and/or 2 years imprisonment if your matter is finalised.
$22,000 fine and/or 15 years imprisonment if your matter is finalised in the higher courts.
|Can only be heard in a higher court, $385,000 fine and/or 20 years imprisonment.|
|Large Commercial Quantity
|Can only be heard in higher courts, $605,000 fine and/or life imprisonment.
What can a drug supply include?
This category can range anywhere from giving them to a friend without payment, to being part of a group that distribute and split the illegal profits.
The offence of supplying an illegal substance is found in the Drug Misuse and Trafficking Act and states that “A person who supplies, or who knowingly takes part in the supply of a prohibited drug is guilty of an offence.”
For a conviction to be proven sufficiently, there must be proof beyond reasonable doubt that:
- You were providing the illegal substance to another person.
- That you did this while knowing or believing that you were supplying an illegal substance.
- That the substance was an illegal drug (even if just a portion of the substance was an illegal, that is still chargeable).
This is one of many reasons that an experienced and specialized attorney can assist you, they will evaluate the evidence that is required and will give you an informative summary of your options.
You should contact a solicitor as soon as possible for tailored information.
Where will my case be heard?
The court where your case will be heard will ultimately depend on the amount of the substance that was supplied.
If the alleged quantity charged exceeds the ‘indictable’ amount, than it can no longer be finalised in a local court but will usually go to the District Court, except for offences that significantly more serious such as involving murder, which will then go to the Supreme Court.
What can be the consequences if I am convicted?
The consequences of a conviction in a lot of cases is a traumatic experience and can have some continuous drawbacks later on in life as well.
There are a lot of positions that require a clean criminal record, especially government agencies, and if convicted, you would be unable to meet those requirements.
There is also often a strong possibility of imprisonment in some drug supply cases, which can affect both you, your family and any loved ones long term.
This is why seeking legal advice as early as possible is essential for a solid case in court, it is important to say as little as possible to police and officials and instead speak with a criminal law specialist to see what options are available – www.rhalaw.com/drug-offences.