Drug trafficking charges in New South Wales are among the most serious criminal offences you can face. The consequences—including long prison sentences and asset seizure—can alter the course of your life forever.
At Best Sydney Criminal Lawyers, we specialise in complex drug defence. We understand the anxiety of facing these charges and provide the aggressive representation needed to fight them.
What Constitutes Drug Supply in NSW?
Legal Definition of Drug Supply
The Drug Misuse and Trafficking Act 1985 defines “supply” extremely broadly. It includes selling, distributing, agreeing to supply, or even just offering to supply (even if no drugs exist).
Types of Drug Supply Offences
You can be charged with supply even if you never sold a drug for profit. The law recognises three main categories:
- Actual Supply: The physical act of giving or selling drugs to another person.
- Deemed Supply: If you possess more than a “traffickable quantity” (e.g., >3g Cocaine, >3g Heroin, >300g Cannabis), the law assumes it is for supply. The burden of proof shifts to you to prove it was for personal use.
- Social Supply: Sharing drugs with friends, even for free, is a criminal offence.
Penalties for Drug Supply
Penalties are determined by the quantity of the drug involved:
- Small Quantity: Max 15 years imprisonment (District Court) or 2 years (Local Court).
- Indictable Quantity: Max 15 years imprisonment.
- Commercial Quantity: Max 20 years imprisonment.
- Large Commercial Quantity: Max Life imprisonment.
How to Defend Against Drug Supply Charges
Being charged is not the same as being convicted. There are several powerful legal defences we can use.
1. Challenging “Deemed Supply”
If you were caught with a traffickable quantity, we can call evidence (such as drug addiction expert reports or financial records) to prove the drugs were exclusively for your own consumption. If successful, the charge is downgraded to “Possession,” which is much less serious.
2. Illegal Search and Seizure
If the police found the drugs through an illegal search—for example, searching your car without reasonable suspicion—we can apply to have that evidence excluded. Without the drugs as evidence, the prosecution’s case often collapses.
3. Lack of Knowledge
You cannot be guilty of supply if you did not know the drugs were there. This defence is common when drugs are found in shared houses or vehicles used by multiple people.
How We Strengthen Your Case
At Best Sydney Criminal Lawyers, our strategy goes beyond just legal arguments. We look at the human side of the story.
Negotiating with the DPP
We frequently negotiate with the Director of Public Prosecutions (DPP) to downgrade charges. For example, getting a “Commercial Supply” charge reduced to an “Indictable Supply” charge can reduce the maximum penalty by years and avoid mandatory jail time.
Case Study: Social Supply
We recently represented a client charged with supply for buying pills for his friends at a festival. By presenting strong character references and proving no profit was made, we persuaded the Magistrate to record a non-conviction order, saving his career.
Final Thoughts
Drug supply laws in NSW are harsh, but an experienced legal team can navigate them. Do not speak to the police until you have spoken to us.
Contact Best Sydney Criminal Lawyers immediately if you are facing drug charges. We are available 24/7 to protect your rights.
