Being accused of supplying prohibited drugs is a confronting experience — but with the right legal defence, a more favourable outcome is possible.
At Rezae & Co Lawyers, we specialise in defending drug supply charges across Sydney and NSW.
Whether you’re facing allegations involving cocaine, ecstasy, cannabis, or other substances, we’ll guide you through the legal process with clarity, confidence, and compassion.
Our experienced drug lawyers understand how to present your case effectively in court, taking into account all relevant factors to seek the best possible result — including outcomes without conviction, such as Conditional Release Orders (CROs).
Call us today on (02) 8893 1217 for a free consultation and take the first step toward protecting your future.
Supplying prohibited drugs in NSW is defined as the act of selling, giving away, or transporting illegal drugs.
This can include providing drugs to another person, whether or not money or any other consideration was exchanged.
It also includes agreeing to supply drugs, attempting to supply drugs, or being involved in the preparation or packaging of drugs for supply.
To be found guilty of the offence of supplying prohibited drugs, the prosecution must prove beyond a reasonable doubt that:
If you were found to have possession of a prohibited drug which was more than the ‘traffickable quantity’ for that particular drug, the police may charge you with supplying a prohibited drug under the ‘deemed supply’ principle as seen in Section 29 of the Drug Misuse and Trafficking Act 1985 (NSW).
The onus will then be on the defence to prove, on a balance of probabilities, that you did not intend to sell or supply the prohibited drug.
For information as to what the ‘traffickable quantity’ is for each particular drug, please see the NSW Drug Quantities Table.
If you are holding on to prohibited drugs temporarily for someone else with the intention of returning it to the owner of the drugs, you may not be criminally liable for supplying prohibited drugs.
Alternatively, it may be the case that ‘some’ of the prohibited drugs in your possession were being temporarily held for someone else, while you had the intention of supplying the remainder of the prohibited drugs for someone else.
In this case, you may still be charged for supplying a prohibited drug, but for a lower amount than you were initially charged with.
This is known as the ‘Carey defence’, which is named after the case of R v Carey (1990) 20 NSWLR 292.
The Carey defence is a legal defence strategy that can be used in cases where a person is charged with supplying a prohibited drug.
It is based on the principle that a person who is in temporary possession of drugs for another person should not be held criminally responsible for supply if they can prove that they did not intend to use or sell the drugs themselves.
The importance of this defence is that it may result in you being found not guilty of supplying a prohibited drug or, alternatively, not guilty of supplying a large commercial quantity of prohibited drugs but guilty of a lesser offence with a lower quantity and lower penalties.
The penalties for supplying prohibited drugs in NSW vary depending on the quantity and type of drug involved, the level of involvement, and the offender’s criminal history.
The most severe penalties are reserved for those involved in large-scale drug operations, such as drug importation or commercial supply.
These offences can carry a maximum penalty of life imprisonment.
For smaller-scale offences, such as the supply of a small quantity of drugs, the penalties can still be significant.
However, where a drug supply matter is dealt with and finalised in the Local Court, the maximum penalty that may be imposed on sentence is 2 years imprisonment for a single offence, or 5 years for multiple offences.
This limitation does not apply to the higher courts, such as the District Court.
| Drug Quantity | Maximum penalty in Local Court | Maximum penalty in District Court or higher |
|---|---|---|
| Less than small quantity | 2 years imprisonment and a $5,500 fine | 15 years imprisonment and a $220,000 fine |
| Small quantity but less than indictable quantity | 2 years imprisonment and a $11,000 fine | 15 years imprisonment and a $220,000 fine |
| Indictable quantity but less than commercial quantity | 2 years imprisonment and a $11,000 fine | 15 years imprisonment and a $220,000 fine |
| Commercial quantity but less than large commercial quantity | N/A | 20 years imprisonment and a $385,000 fine |
| Large commercial quantity | N/A | Life imprisonment and a $550,000 fine |
For more detailed information as to what qualifies as the applicable quantities for each different drug, please see the NSW Drug Quantities Table.
The penalties for drug offences in NSW are severe, and the courts take them very seriously.
In addition to imprisonment and fines, drug offenders may also be required to undergo drug treatment programs or community service orders.
Facing a Drug Supply Charge Can Be Overwhelming — We’re Here to Support You.
Being charged with supplying prohibited drugs is a serious matter, and it’s natural to feel stressed, uncertain, or even scared about what lies ahead.
At Rezae & Co Lawyers, we understand how high the stakes are — and we’re here to guide you every step of the way.
Our role is to ensure you fully understand the legal process, your rights, and all available options.
We take the time to explain each stage clearly, and we’ll develop a personalised defence strategy designed to achieve the best possible outcome for your situation.
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