If you have been arrested or charged for any drug offences you should contact us for expert advice immediately. At McKenzie McLoughlin Law, our two criminal lawyers Josh McKenzie and James McLoughlin, are former prosecutors who have appeared in many drug cases. Josh and James know criminal law and the relevant cases. They are non-judgemental and understand the defences to drug offences. They also know how the police go about their business. This is a significant advantage which sets them apart from other lawyers.
Drug supply charges are serious and the penalties can be life-changing. In NSW, the offence of supplying a prohibited drug carries a maximum penalty of 5,500 penalty units and/or life imprisonment.
So what do the police need to prove?
To convict you of supplying a prohibited drug, the prosecution must prove each of the following matters beyond a reasonable doubt.
- That you;
- Supplied, or knowingly took part in the supply of;
- A prohibited drug
There are aggravated forms of the offence which carry more significant penalties. An example would be the supply of a commercial quantity of drugs.
What is a drug supply offence?
The offence of supplying a prohibited drug is contained in section 25 of the Drug Misuse and Trafficking Act which states: “A person who supplies, or who knowingly takes part in the supply of a prohibited drug is guilty of an offence.”
What does the term ‘supply’ mean?
The definition of ‘supply’ in the Drug Misuse and Trafficking Act is very broad. It includes, “sell and distribute, and also includes agreeing to supply or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering, or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.”
That is, it covers individuals during every part of the process. You do not have to be in the act of receiving money for drugs to be charged under this section. For example, you can be charged with supply for receiving or possessing prohibited drugs that you intend to supply in the future. Likewise, an offer or agreement to supply prohibited drugs will be sufficient to prove a supply.
What is deemed supply?
If you are in possession of a trafficable quantity of a drug, it is presumed that you are in possession of the drugs for the purposes of supply, and as such, you may be charged with a “deemed supply”. Police will likely rely on the drug weight and any other drug indicia to try and prove this charge. Other drug indicia would include scales for the weighing of drugs, or plastic resealable bags.
What are the available penalties and the consequences?
Drug supply offences may also result in sentences that include imprisonment even where an individual has no previous convictions.
The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for a drug supply charge might jeopardise your job or make it difficult to obtain visas for overseas travel.
In some circumstances, a conviction for a drug supply charge may completely rule out certain career paths such as teaching and a range of government employment options.
What do I do if I’m charged with supply drug?
At Mckenzie McLoughlin Law, Josh and James’ experience is your advantage. Josh was previously a Police Prosecutor who has detailed knowledge in prosecuting and defending drug matters at court. He has also worked as a criminal investigator with a Sydney Detectives Office dealing in serious criminal matters. As such, he has a detailed knowledge of police techniques in investigating matters and compiling their evidence. This is a significant advantage for any client charged with drug matters.
James McLoughlin was a Police Prosecutor for many years both in the adult and children’s jurisdictions in Sydney, NSW. Subsequent to his time with the police, James acted as a criminal lawyer for the Director of Public Prosecutions (DPP). James has an incredible amount of knowledge and experience dealing in summary and indictable criminal matters.
If you are looking for that important advantage when choosing your criminal legal representative, then choose Josh and James at Mckenzie McLoughlin Law. James and Josh are experienced former prosecutors and tenacious advocates, who will always fight hard for you. At McKenzie McLoughlin Law we know that there are two sides to every story, so let us tell yours.