It is an offence to supply prohibited drugs on an ongoing basis. Section 25A of the Drug Misuse and Trafficking Act 1985 (NSW) sets out this offence.

A person can be charged if they supply a prohibited drug, other than cannabis, on three or more separate occasions within a 30-day period, where the supply is for financial or material gain. The offence carries a maximum penalty of 20 years imprisonment or 3,500 penalty units, or both.

Different Prohibited Drugs: 

It is not required that the same drug be supplied each time. Any prohibited drugs can count toward the three occasions.

Jury: 

If more than three alleged occasions of supply of a prohibited drug are presented in court, the jury must be satisfied on the same three occasions to find a person guilty.

Alternative Verdict: 

If the jury is not satisfied that the offence under section 25A is proven, but is satisfied that the person has 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.

Double Jeopardy: 

Once convicted under section 25A, a person is not liable to be convicted of a relevant supply offence, or of a separate offence under this section, on the same facts as relied on as evidence of the commission of the offence for which the person has been convicted.

Lawful Supply Exemption: 

The section does not apply to a person legally authorised and licensed to supply drugs under the Poisons and Therapeutic Goods Act 1966 or those granted authority 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.

Definitions

Cannabis: For this section, cannabis includes the leaf, plant, oil, or resin.

Relevant supply offence: Any other prohibited drug supply offence under the Act, excluding section 25A.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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