If you have been caught with more than a certain amount of drugs (known as the ‘traffickable amount of drugs’), police may automatically assume that you intended to supply the drugs to other people in the absence of any other evidence. This is known as ‘deemed supply.’
Being charged with deemed supply can be a stressful and confronting experience, particularly where there is no other evidence to suggest that you actually intended to supply the drugs to other people.
However, with the help of our experienced senior drug lawyers, you can avoid a conviction and get on with your life.
Your Options in Court
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.