Drug Supply & Trafficking Lawyer Sydney & NSW

Charged with drug supply or trafficking?

Drug supply allegations can involve alleged sales, deliveries, offers to supply, drugs said to be held for supply, or quantities that trigger the deemed-supply provisions. ED Legal represents clients in serious drug matters across Sydney and NSW. You deal directly with Principal Lawyer Ali El-Darwich, who can review the police case, explain the charge and prepare the strategy for your matter.

Charged with drug supply in NSW?

Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) makes it an offence to supply, or knowingly take part in the supply of, a prohibited drug. A supply allegation does not require police to say they saw a completed sale. The definition of supply is broad and the prosecution case may rely on conduct, communications, quantity and surrounding circumstances.

• Police may allege an actual sale, delivery, distribution, agreement or offer to supply.

• A supply charge can also arise where drugs are alleged to have been kept or possessed for the purpose of supply.

These matters often involve phone downloads, messages, surveillance, cash, packaging, scales, admissions, co-accused evidence or other material said to show supply. The significance of that material depends on the charge and the surrounding evidence.

Get advice before deciding whether to participate in a police interview or provide an account. Early advice can also help preserve material that may place the prosecution evidence in context.

What does “supply” mean?

Under NSW drug law, “supply” is defined broadly. Depending on the allegation, it can include:

• Selling, distributing, delivering, sending or forwarding a prohibited drug.

• Agreeing or offering to supply a prohibited drug.

• Keeping or having possession of a prohibited drug for the purpose of supply.

• Authorising, directing, causing or permitting conduct that falls within the statutory definition of supply.

Section 29 contains the deemed-supply provision. If the prosecution proves possession of at least the traffickable quantity for the particular drug, the drug is taken to have been possessed for supply unless the accused proves, on the balance of probabilities, that it was possessed otherwise than for supply. The applicable quantity depends on the drug.

Defending a drug supply allegation

The issues in a supply case depend on how the prosecution puts the allegation. ED Legal can examine whether supply, possession, knowledge and any quantity allegation are actually supported by the evidence, and whether the deemed-supply provision can be rebutted.

• Review the alleged transaction, messages, surveillance, search evidence and other material relied upon by police.

• Consider whether the prosecution can prove possession, supply and knowledge of the prohibited drug beyond reasonable doubt.

• Where deemed supply is alleged, assess the evidence supporting a case that the drugs were possessed for a purpose other than supply.

Commercial and large commercial quantities

Quantity can materially change the seriousness of a supply charge. The Drug Misuse and Trafficking Act prescribes traffickable, indictable, commercial and large commercial quantities for particular drugs.

• For many prohibited drugs other than cannabis plant or leaf, supply below the commercial quantity can carry a maximum penalty of up to 15 years’ imprisonment when dealt with on indictment.

• For many prohibited drugs, supply of a commercial quantity can carry up to 20 years’ imprisonment, while a large commercial quantity can carry a maximum of life imprisonment.

Those are statutory maximum penalties, not a prediction of sentence. The applicable maximum, the court in which the case proceeds and the real sentencing risk depend on the drug, quantity, role, facts and exact charge. Cannabis offences have different statutory maxima in some categories.

Drug trafficking and Commonwealth offences

In NSW, conduct commonly described as “drug trafficking” may be charged as supply under State law. Other cases can involve Commonwealth controlled-drug trafficking, importation or exportation offences under the Criminal Code (Cth). The legislation, quantity regime and prosecution case can be different, so the first step is identifying exactly what offence has been charged.

What to do after a drug supply charge

• Get legal advice before deciding whether to participate in a police interview.

• Keep your Court Attendance Notice, bail documents, police facts and any property seizure paperwork together.

• Preserve relevant messages, call records, financial records and other material in their original form. Do not delete or alter evidence.

• Tell us if you are in custody, on bail, facing related charges or have an upcoming court date so the urgent issues can be dealt with first.

How ED Legal can help you

• You deal directly with Principal Lawyer Ali El-Darwich from the initial advice through the court proceedings.

• We can analyse the police brief, electronic and surveillance evidence, alleged quantity and the factual basis of the supply allegation.

• We can advise on defending the charge, representations, plea options and sentencing preparation, depending on your instructions and the evidence.

• ED Legal provides court representation across Sydney and NSW, with a free initial consultation and 24/7 availability for urgent matters.

Speak with a Drug Supply Lawyer

Call 0416 849 997 to discuss your drug supply charge with Principal Lawyer Ali El-Darwich.