Ongoing Drug Supply
Ongoing Drug Supply is an offence under section 25A of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 20 years’ imprisonment and/or a fine of $385,000.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You supplied a prohibited drug (other than cannabis)
- On three or more occasions over 30 consecutive days
- For a financial or material gain.
You must be found not guilty if the prosecution is unable to prove each of these ‘elements’. It is a ‘strictly indictable’ offence, which means it must be finalised in a higher court such as the district court. It cannot be finalised in the local court.
The drugs supplied need not be the same so, for example one supply each of MDMA, cocaine and heroin would suffice. However, the prosecution must prove you obtained a material or financial benefit for each supply.
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