Supply Prohibited Drug on Ongoing Basis

The Law 

Section 25A of the Drug Misuse and Trafficking Act states:

25A(1) A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.

(2) A person is liable to be convicted of an offence under this section whether or not the same prohibited drug is supplied on each of the occasions relied on as evidence of commission of the offence.

(3) If, on the trial of a person for an offence under this section, more than 3 occasions of supplying a prohibited drug are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.

(4) If, on the trial of a person for an offence under this section, the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of commission of the offence under this section, committed a relevant supply offence, the jury may acquit the person of the offence charged and find the person guilty of the relevant supply offence, and the person is liable to punishment accordingly.

(5) A person who has been convicted of an offence under this section is not liable to be convicted: 
(a) of a relevant supply offence, or 
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.

(6) A person who has been acquitted of an offence under this section is not liable to be convicted: 
(a) except as provided by subsection (4) - of a relevant supply offence, or 
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.

(7) A person who has been: 
(a) convicted of a relevant supply offence, or 
(b) acquitted of a relevant supply offence,
is not liable to be convicted for an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the relevant supply offence.

(8) Subject to subsections (5) and (6), this section does not: 
(a) remove the liability of any person to be convicted of a relevant supply offence, or 
(b) affect the punishment that may be imposed for any such offence.

(9) Nothing in this section renders unlawful the supply of a prohibited drug by: 
(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966 , or 
(b) a person acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study.

(10) In this section: "cannabis"means cannabis leaf, cannabis oil, cannabis plant and cannabis resin. "relevant supply offence"means any offence under this Act (other than under this section) relating to the supply of a prohibited drug.  

---

Maximum penalty  

The Maximum penalty for the offence of Supplying prohibited drugs on an ongoing basis is a fine of 3,500 penalty units and/or 20 years imprisonment.

---

What the police must prove 

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused supplied a prohibited drug (other than cannabis) to another person or persons.
2. The prohibited drug was supplied on three or more separate occasions during any period of 30 consecutive days.
3. The supply of the prohibited drug was for financial or material reward.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

---

Possible defences

The Drug Misuse and Trafficking Act provides a defence to the offence. Section 25A(9) states:

Nothing in this section renders unlawful the supply of a prohibited drug by: 
(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966 , or 
(b) a person acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study.

Other possible defences to this offence include but are not limited to

1. Duress
2. Necessity

---

What court is likely to hear the matter 

This matter is strictly indictable which means that it can only be finalised in the District Court.

 

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.