Deemed drug supply is where a person is charged with supplying a prohibited drug on the basis that the amount of drugs found in their possession is at least the traffickable quantity, which is 0.75 grams of MDMA (‘ecstacy’), 3 grams of amphetamines, cocaine or heroin, or 300 grams of cannabis.
In such cases, the prosecution does not need to prove drugs were actually supplied, or that there was an intention to supply the drugs to someone else.
Rather, the person against whom the charge is brought bears the onus of proving it is more likely than not that the drugs were in his or her possession for something other than supply; for example, for personal use only, or that they were being temporarily held for the owner with the intention of returning it to him or her.
Discharging that onus is easiest where there are no indicators of drug supply; for instances, where a person is not found with large sums of money, multiple mobile phones, drugs in large numbers of resealable plastic bags, precision scales, and so on.
In that event, the drug supply charge must be downgraded to drug possession, which is far less serious.
It is also crucial to to be aware that if the prosecution is unable to prove a beyond reasonable doubt that the drugs were in a person’s ‘exclusive possession’ and also that the person had ‘actual knowledge’ of the substance being there, or was ‘reckless’ as to whether they were there or not, the entire prosecution case must fail and the charges must be dismissed altogether.
How Can an Experienced Drug Lawyer Assist?
If you are going to court for a deemed supply charge, an experienced drug lawyer can assist by:
- Evaluating the prosecution case,
- Obtaining your account of the events,
- Explaining the law and how it applies to your situation,
- Explaining your options and advising you on the best way forward, and
- Formulating and implementing an effective defence strategy.
For more information about how a specialist drug lawyer can help you achieve the optimal outcome in your case, read our drug lawyers page here.
Call Us Now
So, if you have been accused of deemed supply, call us now on (02) 9261 8881 and let Sydney’s most awarded criminal defence law firm fight for the optimal outcome in your case.
Your Options in Court
Pleading Not Guilty
You may be charged with deemed supply where you are found with >0.75 grams of ecstasy/MDMA; >3 grams of cocaine, amphetamines or heroin, or >300 grams of cannabis.
In these cases, the prosecution can argue that the amount of drugs that you had upon you suggested that you intended to supply the drugs to other people.
This means that you can be charged with drug supply even where there is no other evidence to suggest that you intended to supply the drugs.
However, if you believe that you are innocent, you may enter a plea of ‘not guilty’ to the charges.
Our highly-experienced drug lawyers can then help you fight the charges by presenting all evidence to show that you did not intend to supply the drugs, for example:
- Evidence that you didn’t have any other implements or ‘drug indicia,’ such as scales, multiple mobile phones or large sums of money which might show that you intended to supply the drugs to other people.
- Evidence that the drugs were for your own personal use, or that you were holding them for a friend.
Unlike other general law firms, we specialise in drug law. This means that our skilled lawyers have the experience and knowledge necessary to help you secure the best possible outcome in your deemed supply case.
We understand how important your freedom is, which is why we go above and beyond in every case and push to have the charges dropped by highlighting problems at an early stage.
If you decide to accept the charges against you, you can plead guilty. You will then proceed straight to sentencing, which is where the magistrate or judge determines the type of penalty that you will get.
Often, pleading guilty at an early stage in the proceedings can be beneficial because it will show the court that you are sorry for your actions – which may result in you getting a more lenient penalty. It will also mean that you are spared the time and expense of a trial to determine your guilt.
If you are considering pleading guilty it is important to be aware of the potential penalties you may face.
If you plead guilty to deemed supply, you will face the same penalties as someone charged with supply of a prohibited drug.
The maximum penalty for supply of a prohibited drug depends on the type of drug supplied, the quantity of the drug supplied and the court that your matter is finalized in.
|Where the amount is…||The maximum penalty will be…|
|Less than a small quantity||
|Less than an indictable quantity||
|Less than a commercial quantity||
|Less than a large commercial quantity||
However, these are maximum penalties only and the type of penalty that you will receive depends on the facts and circumstances of your case. Alternative penalties that the court may impose include:
- Section 10 Dismissal
- Conditional Release Order
- Community Correction Order
- Intensive Correction Order
If you’ve been charged with deemed supply, it’s important to enlist the help of an expert drug lawyer with an in-depth knowledge of this area of the law.
Sydney Criminal Lawyers® is a specialist law firm with experience dealing with all types of drug matters.
Our highly-respected lawyers appear in court regularly in relation to serious drug supply matters and fight hard to ensure that every client receives the best possible outcome.
Call us today on (02) 9261 8881 to find out how we can help you win your deemed supply case.
Frequently Asked Questions
Why Choose Sydney Criminal Lawyers®?
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.
Here are 12 reasons to choose our multi-award winning legal team:
Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
Highest Level of Client Satisfaction
We have the best and most comprehensive client review record of any law firm in Australia.
Regular communication, accessibility and quality service are our team’s highest priorities.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
Australia’s Most Awarded Criminal Law Firm
We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
Free First Appointment
For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.
Specialist Lawyer Guarantee
We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.
This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.
All NSW Courts
From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.
And we offer fixed fees for most criminal and traffic law cases throughout the state.
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
Results-Focused Law Firm
Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
Team of Lawyers Behind You
Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.
A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
Familiar with Magistrates and Judges
Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.
Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.
We have offices in locations across the Sydney Metropolitan Area and beyond, including:
- the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
- Parramatta, opposite the Justice Precinct carpark,
- Liverpool, and
We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at firstname.lastname@example.org.
Recent Success Stories
- Large Commercial Drug Supply Charges Dropped
- No Criminal Record for 18 ‘Ecstacy’ Tablets
- No Criminal Record for 14 Ecstacy Tablets
- No Criminal Record for ‘Deemed Supply’ of 15 Ecstacy Tablets
- No Conviction for ‘Deemed Supply’ of 12 Ecstacy Tablets
- Drug Supply Charges Withdrawn
- Client Avoids Conviction Despite Supplying 16 Ecstacy Tablets
- No Conviction for Man Charged with Supplying Ecstacy Tablets
- No Conviction for 12 'Ecstacy' Tablets and Ketamine
- Defending Drug Charges: Putting the Prosecution to Proof and Raising Available Defences
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