Charged with drug supply in NSW.

The legislative source.

Supply is the act of providing a prohibited drug to another person. Knowing supply (taking part in supply with knowledge) is treated as supply. Deemed supply under section 29 catches a person in possession of not less than the traffickable quantity: they are deemed to be supplying unless they prove on the balance of probabilities that the drug was for personal use.

The quantity thresholds vary by drug and are set in Schedule 1 of the Act. Cocaine, methylamphetamine and heroin: traffickable 3 g, indictable 5 g, commercial 250 g. Large commercial: cocaine and heroin 1 kg; methylamphetamine 500 g (halved from 1 kg by the Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015, in force from 1 September 2015). MDMA: traffickable 0.75 g, indictable 1.25 g, commercial 125 g, large commercial 500 g. Cannabis leaf: traffickable 300 g, indictable 1 kg, commercial 25 kg, large commercial 100 kg.

Penalties and likely outcomes.

The penalty bands (s 25).

Less than commercial (s 25(1)): 15 years and/or 2,000 penalty units. Commercial quantity (s 25(2)): 20 years and/or 3,500 penalty units (15 years for cannabis plant or leaf). Large commercial quantity (s 25(2)): life imprisonment and/or 5,000 penalty units (20 years for cannabis plant or leaf).

Standard non-parole periods.

Two SNPPs apply under the Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999: 10 years for commercial-quantity supply under s 25(2) (for the listed drugs) and 15 years for large-commercial supply. SNPPs are not minimums but anchor the sentencing exercise.

What the District Court actually imposes.

For a less-than-commercial first-offence supply where the accused was a low-level participant (supply to friends, no commercial enterprise), an ICO of 18 to 36 months is achievable. For larger matters, full-time custody is the realistic outcome.

Drug Court referral.

Where addiction is the driver of the offending, referral to the Drug Court of NSW is available for matters with a non-parole period of less than two years. The Drug Court program is intensive (around 12 months) and substantially reduces the custodial element on successful completion.

Defences and arguments worth running.

Personal use (s 29 rebuttal).

For a deemed supply charge, the accused has the legal burden of proving on the balance of probabilities that the drug was for personal use. The defence is built on the quantity (consistent with personal use), the presentation (consumption equipment, absence of scales or deal bags), the accused's pattern of use, and the absence of supply indicia (no client list, no SMS records of dealing, no income from supply).

Lack of supply.

Where the charge is actual supply (not deemed), the Crown must prove the act of supply. Where the supply is a controlled buy by an undercover officer, the buy-bust evidence is tested against the controls in the Law Enforcement (Controlled Operations) Act 1997.

Lack of knowledge.

Where the drug was in a vehicle or premises controlled by multiple people, the prosecution must prove that the accused knew the drug was there. Joint possession requires actual knowledge.

Entrapment and controlled operations.

Where the supply was procured by police conduct that crossed the line into entrapment, a stay or an evidence exclusion may be argued. The leading authority is Ridgeway v The Queen [1995] HCA 66; (1995) 184 CLR 19, read with the controlled operations framework.

What we do for clients facing this charge.

The first task is to identify whether the charge is actual supply or deemed supply. Deemed supply matters are run differently. For deemed supply, the strategy is to prepare the personal-use defence carefully: a detailed account of the accused's pattern of use, financial records consistent with personal expenditure, phone records consistent with the absence of supply, and where appropriate, expert evidence on the quantity in relation to personal consumption.

For actual supply matters, the strategy depends on the brief. Controlled buy evidence is tested. Search warrant validity is checked. Telephone intercept and surveillance device material is examined.

Pleading.

If the matter is to be resolved on plea, the objective is to reduce the quantity (negotiation with the prosecutor), reduce the role (low-level participant, no commercial enterprise), and obtain a Drug Court referral where the addiction case supports it.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with drug supply in the first hour.

What evidence police usually rely on.

The seized substance, the certificate of analysis confirming the substance and purity, telephone intercepts where they exist, surveillance footage, and any deemed-supply evidence based on quantity.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• Any medical or treatment records; a written account of the period covered by the alleged supply.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Disposing of phones, SIM cards, or related material. The disposal trail is usually more damaging than the underlying conduct.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. Where deemed supply is the only theory open, defence options on possession-for-personal-use exist. An early plea before the certificate of analysis is reviewed is rarely the right call.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · drug supply matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.