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Drug Supply on an Ongoing Basis in NSW

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Supplying a prohibited drug on an ongoing basis is also known as ‘ongoing supply’ and is an offence under Section 25A of the Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of 20 years if referred to the District Court Or 2 years if the case remains in the Local Court.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You supplied a prohibited drug other than cannabis,
  2. You did so on three or more occasions,
  3. Those occasions fell within over 30 day period, and 
  4. You did so for financial or material gain.

The drugs supplied need not be the same on each occasion  but the prosecution must prove to the fact-finder whether jurors, a magistrate or a judge in a judge-only  that 3 or more of the occasions alleged are the same.

Duress and necessity are legal defences to the charge.

Your Options in Court

Pleading Not Guilty

To be found guilty of drug supply on an ongoing basis, the prosecution must prove two things beyond a reasonable doubt:

  • That you supplied any prohibited drug, other than cannabis, on three or more occasions within a 30 day period, and
  • That you received some form of monetary or material benefit from it, such as cash, gifts, other drugs or the promise of a promotion.

If you feel that the prosecution will be unable to prove these two factors beyond a reasonable doubt, you should consider pleading ‘not guilty’ and getting our expert drug lawyers on your side.

Our expert lawyers specialise in drug law and can give you the best possible defence against the charges by finding issues with the prosecution case and pushing for the charges to be dropped – for example, where there is no proof that you supplied drugs more than three times in the course of a month.

In many cases, we are able to raise these types of issues at an early stage and push to have the charges dropped or reduced to a less serious charge, such as drug supply, which carries lesser penalties.

If the prosecution refuses to drop the charges, our highly skilled advocates will fight to keep the case in the local court (where the maximum penalties are much lower than the higher courts) and fight to have the case thrown out due to insufficient or unreliable prosecution evidence, or any available defence (such as duress).

Pleading Guilty

If you are willing to accept the charges against you, you may wish to enter a plea of ‘guilty’ at an early stage in the proceedings.

By pleading guilty at an early stage, you may avoid the costly and time-consuming process of having a criminal trial or a defended hearing.

You may also end up with a more lenient penalty, as pleading guilty will show to the court that you have accepted responsibility for your actions.

If you are considering pleading guilty to the charges, you may want to know what kind of penalty you could end up with.

Drug supply on an ongoing basis is what is known as a ‘table 1 offence’, meaning it is dealt with in the local court unless the defence or prosecution elects to take the matter to a higher court, such as the district court.

The maximum penalty for the offence is 2 years in prison if the case remains in the local court, or 20 years imprisonment if it goes to a higher court.

The court also has the power to issue several alternative penalties, including:

Statistics indicate that the most common penalty for ongoing supply is full-time imprisonment, with a median sentence of 36 months and a non-parole period of 20 months.

This means that on average, a person will spend 20 months in prison for an ongoing supply charge. However, the sentence will largely depend on the type and amount of drugs supplied and how frequently it was supplied.

If you’ve been charged with ‘drug supply on an ongoing basis’, our experienced drug lawyers can help you obtain a lenient outcome. Unlike a general lawyer, our drug law specialists have the knowledge and expertise to help you achieve the best possible outcome.

We have a proven track record of fighting and winning ‘drug supply on an ongoing basis’ cases, so you can rest assured that your future is in safe hands.

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:

  1. 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.

  2. 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.

  3. 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.

  4. Fixed Fees

    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.

  5. 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.

  6. 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.

  7. 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.

  8. Accredited Specialists

    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.

  9. 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.

  10. 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.

  11. 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.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    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 info@sydneycriminallawyers.com.au.

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